Saturday, February 25, 2006
Quitclaim
By Dominador A. Almirante
Labor case digest
etitioner EMCO Plywood Corp. retrenched some employees due to losses.
Respondents were among 250 retrenched employees. After receiving P4,815 each as separation pay, they executed quitclaims in favor of EMCO.
About two years later, they lodged through their labor union a complaint against EMCO for illegal dismissal, damages and attorney’s fees. EMCO interposed the defense of respondents’ execution of quitclaim. Did the defense find merit?
Ruling: No.
We hold that the labor arbiter and the NLRC erred in concluding that respondents had voluntarily signed the waivers and quitclaim deeds.
Contrary to this assumption, the mere fact that respondents were not physically coerced or intimidated does not necessarily imply that they freely or voluntarily consented to the terms thereof (Philippine Carpet Employees Association versus Philippine Carpet Manufacturing Corp., 340 SCRA 383, 394, Sept. 14, 2000.)
Moreover, petitioners, not respondents have the burden of proving that the quitclaims were voluntarily entered into. (EMCO Plywood Corp. and Jimmy Lim versus Perferio Abelgas, et. al., G.R. 148532, April 14, 2004, quoting Salonga versus NLRC, 324 the Philippines 330, Feb. 23, 1996.)
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