understand the terms and conditions of the settlement and that it was entered into
freely voluntarily (sic) by them and the agreement is not contrary to law, morals,
and public policy.
And because no consideration is indicated in the documents, we
strike them down as contrary to law, morals, and public policy.
[11]
He accordingly decided in favor of Divina, by decision of October 9, 2000, the
dispositive portion of which reads:
[12]
Wherefore, judgment is hereby rendered ordering respondents SUNACE
INTERNATIONAL SERVICES and its owner ADELAIDA PERGE, both in their
personal capacities and as agent of Hang Rui Xiong/Edmund Wang to jointly and
severally pay complainant DIVINA A. MONTEHERMOZO the sum of
NT91,950.00 in its peso equivalent at the date of payment, as refund for the
amounts which she is hereby adjudged entitled to as earlier discussed plus 10%
thereof as attorney’s fees since compelled to litigate, complainant had to engage
the services of counsel.
SO ORDERED. (Underescoring supplied)
[13]
On appeal of Sunace, the NLRC, by Resolution of April 30, 2002, affirmed
the Labor Arbiter’s decision.
Via petition for certiorari, Sunace elevated the case to the Court of Appeals
which dismissed it outright by Resolution of November 12, 2002, the full text of
which reads:
[14]
[15]
[16]
The petition for certiorari faces outright dismissal.
The petition failed to allege facts constitutive of grave abuse of discretion
on the part of the public respondent amounting to lack of jurisdiction when the
NLRC affirmed the Labor Arbiter’s finding that petitioner Sunace International
Management Services impliedly consented to the extension of the contract of
private respondent Divina A. Montehermozo. It is undisputed that petitioner was
continually communicating with private respondent’s foreign employer (sic). As
agent of the foreign principal, “petitioner cannot profess ignorance of such
extension
as
obviously, the
act
of
the
principal
extending
complainant (sic) employment contract necessarily bound it.” Grave abuse of
discretion is not present in the case at bar.