Toallow otherwise is to undermine or prejudice the

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Unformatted text preview: lso,
 at
 times,
vis­a­vis
the
 management
 of
 their
 own
 union,
 and
 at
 other
 times
 even
 against
 their
 own
 imprudence
 or
 impecuniousaess.
 o When
it
comes
to
individual
benefits
accruing
to
members
of
a
 union
 from
 a
 favorable
 final
 judgment
 of
 any
 court,
 the
 members
themselves
become
the
real
parties
in
interest
and
it
 is
 for
 them,
 rather
 than
 for
 the
 union,
 to
 accept
 or
 reject
 individually
the
fruits
of
litigation"
 Ruling
on
compromise
settlements
summarized
 • Labor,
et
al
v.
NLRC
and
Gold
City
 o Compromise
 agreement
 would
 be
 valid
 and
 binding
 only
 if
 the
agreement
was
voluntarily
entered
into
and
represents
a
 reasonable
settlement
of
the
claims.

 o 4. 5. Lalay
Abala.
ALS2014B.
Labor
II.
 Must
be
executed
with
assistance
of
the
BLR
or
the
Regional
 Office
of
the
DOLE
 • Even
 when
 a
 compromise
 agreement
 is
 approved
 by
 a
 labor
 arbiter,
 the
 judgment
 cannot
 have
 the
 effect
 of
 res
 judicata
 upon
 persons
 whoa
re
not
parties
to
the
compromise
agreement
 When
to
effect
compromise:
final
decision,
negotiable?
 • A
 compromise
 agreement
 may
 be
 effected
 at
 any
 stage
 of the
 proceedings
 and
 even
 when
 there
 is
 already
 a
 final
 executory
 judgment,
except
for
vices
of
consent
or
forgery
 • Magbanua,
et
al
v.
Uy
 o NLRC
 decision
 awarding
 wage
 differentials
 amounting
 to
 1.4M
became
final
and
exceutory.
But
before
issuance
of
writ
 of
 execution,
 parties
 reached
 a
 compromise.
 They
 got
 40k
 each
from
the
employer
 o Employees
still
prayed
for
writ
of
execution
 o Rights
 may
 be
 waived
 through
 a
 compromise
 agreement,
 notwithstanding
a
final
judgment
that
has
already
settled
the
 rights
 of
 the
 contracting
 parties.

 To
 be
 binding,
 the
 compromise
 must
 be
 shown
 to
 have
 been
 voluntarily,
 freely
 and
 intelligently
 executed
 by
 the
 parties,
 who
 had
 full
 knowledge
 of
 the
 judgment.

 Furthermore,
 it
 must
 not
 be
 contrary
to
law,
morals,
good
customs
and
public
policy.
 o There
is
no
justification
to
disallow
a
compromise
agreement,
 solely
 because
 it
 was
 entered
 into
 after
 final
 judgment.

 The
 validity
 of
 the
 agreement
 is
 determined
 by
 compliance
 with
 the
 requisites
 and
 principles
 of
 contracts,
 not
 by
 when
 it
 was
 entered
 into.

 As
 provided
 by
 the
 law
 on
 contracts,
 a
 valid
 compromise
must
have
the
following
elements:
(1)
the
consent
 of
the
parties
to
the
compromise,
(2)
an
object
certain
that
is
 the
subject
matter
of
the
compromise,
and
(3)
the
cause
of
the
 obligation
that
is
established.
 o In
 the
 present
 factual
 milieu,
 compliance
 with
 the
 elements
 of
 a
 valid
 contract
 is
 not
 in
 issue.

 Petitioners
 do
 not
 challenge
 the
 factual
 finding
 that
 they
 entered
 into
 a
 compromise
 agreement
 with
 respondent.

 There
 are
 no
 allegations
of
vitiated
consent.
 • Absence
of
counsel
remedied
 o The
labor
arbiter’s
absence
when
the
waivers
were
executed
 was
 remedied
 upon
 compliance
 with
 the
 above
 procedure.

 The
 Court
 observes
 that
 the
 arbiter
 made
 searching
 questions
 during
 the
 pre‐execution
 conference
 to
 ascertain
 whether
petitioners
had
voluntarily
and
freely
 executed
the
 waivers.
 Likewise,
 there
 was
 evidence
 that
 they
 made
 an
 intelligent
 choice,
 considering
 that
 the
 contents
 of
 the
 written
 waivers
 had
 been
 explained
 to
 them.
 The
 labor
 arbiter’s
 absence
 when
 those
 waivers
 were
 executed
 does
 not,
therefore,
invalidate
them
 o Even
 if
 contracted
 without
 the
 assistance
 of
 labor
 officials,
 compromise
 agreements
 between
 workers
 and
 their
 o 6. 33
 7. employees
 remain
 valid
 and
 are
 still
 considered
 desirable
 means
of
settling
disputes
 Options
when
compromise
agreement
is
violated
 • Should
a
party
fail
or
refuse
to
comply
with
the
agreement,
the
other
 party
could
either
–
 o Enforce
the
compromise
by
a
writ
of
execution
 o Regard
 it
 as
 rescinded
 and
 so
 insist
 upon
 his
 original
 demand
 
 
 Title
IV:
Labor
Organization
 Chapter
I:
Registration
and
cancellation
 Article
234.
Requirements
of
registration.
 Article
234­A.
Chartering
and
creation
of
local
chapter.
 Article
235.
Actio...
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This document was uploaded on 03/11/2014.

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