quitclaim Archives - EBV Law Office

August 22, 2017

Published by Atty Elvin B. Villanueva at August 22, 2017

Release, Waiver and Quitclaim Does not Bar the Employee from Claiming the benefits due him; Receipt of Separation Benefit does not Amount to Estoppel

Release, Waiver and Quitclaim as a general rule is frowned upon by the Courts. However, it is valid if voluntarily entered into and represents a reasonable settlement, […]

August 22, 2017

Published by Atty Elvin B. Villanueva at August 22, 2017

Release and Quitclaim Document is Not Voided By the Fact that it was Improperly Notarized

Release and quitclaim document that is improperly notarized cannot be voided when the execution was voluntarily done. The post below has the same facts with the […]

January 6, 2018

Published by Atty Elvin B. Villanueva at January 6, 2018

REDUNDANCY CRITERIA SHOULD NOT BE LIMITED TO STATUS, EFFICIENCY, OR PROFICIENCY; EMPLOYER MAY RESORT TO USING OTHER INDICATORS IN DETERMINING WHO WILL REMAIN WITH THE COMPANY UPON DOWNSIZING ITS PAYROLL

Redundancy criteria in ascertaining what positions are to be declared redundant must be determined for validity of redundancy. While this is a management prerogative, in this […]

March 29, 2018

Published by Atty Elvin B. Villanueva at March 29, 2018

SENIORITY IS NOT THE SOLE BASIS OF THE CRITERIA FOR RETRENCHMENT; REHIRING OF RETRENCHED EMPLOYEES DOES NOT INDICATE BAD FAITH OF A RECOVERING CORPORATION; VALIDITY OF WAIVER AND QUITCLAIM

Seniority cannot be the sole basis for the selection in retrenchment. The post below is part of this author’s digest of the decision of the Supreme […]

April 6, 2018

Published by Atty Elvin B. Villanueva at April 6, 2018

FASAP CASE RESOLVED BY THE SUPREME COURT

FASAP, or the Flight Attendants and Stewards Association of the Philippines, has long been fighting the case of illegal retrenchment against PAL. The case has caught […]

July 21, 2018

Published by Atty Elvin B. Villanueva at July 21, 2018

BURDEN OF PROOF ON EMPLOYER TO PROVE VALIDITY OF DISMISSAL IS NOT A MAGIC SPELL THAT WOULD WIN THE DAY FOR COMPLAINANT

Burden of proof in termination cases is upon employer to show just cause for termination of employment. However, such a burden arises only if the complaining […]

July 22, 2019

Published by Atty Elvin B. Villanueva at July 22, 2019

RESIGNATION LETTER THAT LACKS RELUCTANCE, TENSION, AND EXPRESSES GRATITUDE, WELL WISHES, WITHOUT QUALIFICATION AND WITHOUT ANY SIGN OF AGGRESSION AND BITTERNESS OR HOSTILITY TOWARDS EMPLOYER NEGATES CLAIM OF INVOLUNTARINESS

In Bilbao vs. Saudi Arabian Airlines, the Court found as voluntary the resignation of the complainant, whose clear use of words of appreciation and gratitude negated […]

August 29, 2019

Published by Atty Elvin B. Villanueva at August 29, 2019

RESIGNATION LETTER THAT IS IN THE NATURE OF QUITCLAIM INDICATES LACK OF VOLUNTARINESS IN ITS EXECUTION

In illegal dismissal_ cases, the fundamental rule is that when an employer interposes the defense of resignation, the burden to prove that the employee indeed voluntarily […]

September 23, 2019

Published by Atty Elvin B. Villanueva at September 23, 2019

WAGES THAT SHOULD BE RECOVERED BY AN ILLEGALLY DISMISSED OVERSEAS WORKER SHOULD BE FOR THE UNEXPIRED PORTION OF THE CONTRACT AND NOT BE LIMITED TO THREE MONTHS

Illegally dismissed overseas worker should be paid the unexpired portion of their contract. Limiting the wages that should be recovered to three months is both a […]