CASE 2016-0048: CENTURY PROPERTIES, INC. v. EDWIN J. BABIANO and EMMA B. CONCEPCION, (G.R. 220978, 05 JULY 2016, PERLAS-BERNABE, J.) (BRIEF TITLE: CENTURY PROPERTIES VS. BABIANO ET AL)


DISPOSITIVE:

 

“WHEREFORE, the petition is PARTLY GRANTED. The Decision dated April 8, 2015 and the Resolution dated October 12, 2015 of the Court of Appeals (CA) in CA-G.R. SP No. 132953 are hereby MODIFIED in that the commissions of respondent Edwin J. Babiano are deemed FORFEITED. The rest of the CA Decision stands.

 

SO ORDERED.”


SUBJECTS/DOCTRINES/DIGEST:

 

 As a general rule, a party who has not appealed cannot obtain any affirmative relief other than the one granted in the appealed decision. However, jurisprudence admits an exception to the said rule, such as when strict adherence thereto shall result in the impairment of the substantive rights of the parties concerned.

 

………………………………………………….

 

In the present case, the CA aptly pointed out that the NLRC failed to account for all the unpaid commissions due to Concepcion for the period of August 9, 2008 to August 8, 201l.73 Indeed, Concepcion’s right to her earned commissions is a substantive right which cannot be impaired by an erroneous computation of what she really is entitled to. Hence, following the dictates of equity and in order to arrive at a complete and just resolution of the case, and avoid a piecemeal dispensation of justice over the same, the CA correctly recomputed Concepcion’ s . unpaid commissions, notwithstanding her failure to seek a review of the NLRC’s computation of the same.

 

In sum, the Court thus holds that the commissions of Babiano were properly forfeited for violating the “C91}fidentiality of Documents and NonCompete Clause.” On the other hand, CPI remains liable for the unpaid commissions of Concepcion in the sum of P591,953.05.

 

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SCD-2016-0048-CENTURY PROPERTIES

 

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