May 27, 2017

RELEASE, WAIVER, AND QUITCLAIM EXECUTED FOR ONE PETITION WHICH CAUSED THE DISMISSAL THEREOF MAY RENDER MOOT A SEPARATE PETITION INVOLVING SAME FACTS, PARTIES, INTERRELATED ISSUES AND SUBJECT MATTER

Release, Waiver, and Quitclaim that was executed in one petition which caused the dismissal thereof may render moot the separate petition involving the same facts, issues, and subject […]
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

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 […]
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

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

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 […]
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