22 Remoticado V Typical Construction G.R. 206529

22 Remoticado v Typical Construction days.
If indeed petitioner was told to stop reporting for work on December 23,
G.R. 206529 2010, it does not make sense for Typical Construction to have petitioner execute a
DATE: April 23, 2018 waiver and quitclaim two (2) full days ahead of the termination of his employment.
By: YRREVERRE It would have been a ludicrous move for an employer that is purportedly out to
Topic: QUITCLAIM/ WAIVER outwit someone into unemployment.
Petitioner: RENANTE B. REMOTICADO  The waiver and quitclaim could very well have been antedated. But it is not for this
Respondent: TYPICAL CONSTRUCTION TRADING CORP. AND ROMMEL M. ALIGNAY Court to sustain a mere conjecture. It was for petitioner to allege and prove any
Ponente: LEONEN, J. possibility of antedating. He did not do so. In any case, even if this Court were to
indulge a speculation, there does not appear to be any cogent reason for
FACTS: antedating. To the contrary, antedating the waiver and quitclaim was an
 Remoticado's services were engaged by Typical Construction as a helper/laborer in unnecessary complication considering that any simulation of resignation would
its construction projects, the most recent being identified as the Jedic Project at have already been served by petitioner's mere affixing of his signature. Antedating
First Industrial Park in Batangas. would just have been an inexplicably asinine move on the part of respondents.
 In separate sworn statements, Nielo, Typical Construction's Field Human Resources  What is most crucial is that petitioner has never disavowed the waiver and
Officer, and 2 of Remoticado's co-workers, Salmero Pedros and Jovito Credo, quitclaim. It does not appear also that petitioner has accounted for why this
recalled that on December 6, 2010, Remoticado was absent without an official document exists, such as by alleging that he was coerced into executing it.
leave.  Jurisprudence frowns upon waivers and quitclaims forced upon employees.
 He remained absent until December 20, 2010 when, upon showing up, he informed Waivers and quitclaims are, however, not invalid in themselves. When shown to be
Nielo that he was resigning. freely executed, they validly discharge an employer from liability to an employee.
o Prodded by Nielo for his reason, Remoticado noted that they were "[A] legitimate waiver representing a voluntary settlement of a laborer's claims
"personal reasons considering that he got sick." should be respected by the courts as the law between the parties
 Nielo advised Remoticado to return the following day as he still had to report  It is true that the law looks with disfavor on quitclaims and releases by employees
Remoticado's resignation to Typical Construction's main office, and as his final pay who have been inveigled or pressured into signing them by unscrupulous
had yet to be computed employers seeking to evade their legal responsibilities and frustrate just claims of
 Remoticado returned the following day and was handed P5,082.53 as his final pay. employees. In certain cases, however, the Court has given effect to quitclaims
He protested, saying that he was entitled to "separation pay computed at 2 months executed by employees if the employer is able to prove the following requisites, to
for his services for 2 years." wit:
o In response, Nielo explained that Remoticado could not be entitled to o (1) the employee executes a deed of quitclaim voluntarily;
separation pay considering that he voluntarily resigned. Nielo added that o (2) there is no fraud or deceit on the part of any of the parties;
if Remoticado was not satisfied with P5,082.53, he was free to continue o (3) the consideration of the quitclaim is credible and reasonable; and
working for Typical Construction. o (4) the contract is not contrary to law, public order, public policy, morals
 However, Remoticado was resolute and proceeded to sign and affix his thumb or good customs, or prejudicial to a third person with a right recognized
marks on a Kasulatan ng Pagbawi ng Karapatan at Kawalan ng Paghahabol, a by law.
waiver and quitclaim  Not all waivers and quitclaims are invalid as against public policy. If the agreement
 On January 10, 2011,[ Remoticado filed a Complaint for illegal dismissal against was voluntarily entered into and represents a reasonable settlement, it is binding
Typical Construction and its owner and operator, Rommel M. Alignay (Alignay). on the parties and may not later be disowned simply because of a change of mind.
o He claimed that on December 23, 2010, he was told to stop reporting for It is only where there is clear proof that the waiver was wangled from an
work due to a "debt at the canteen" and thereafter was prevented from unsuspecting or gullible person, or the terms of settlement are unconscionable on
entering Typical Construction's premises its face, that the law will step in to annul the questionable transaction.
 LA - dismissed the complaint  But where it is shown that the person making the waiver did so voluntarily, with full
 NLRC - denied the appeal understanding of what he was doing, and the consideration for the quitclaim is
 CA - uphold NLRC decision credible and reasonable, the transaction must be recognized as a valid and binding
undertaking
ISSUE: W/N the waiver/quitclaim was voluntarily made by Remoticado - YES
DISPOSITIVE:
RULING: WHEREFORE, the Petition for Review on Certiorari is DENIED. The assailed November 29,
2012 Decision and March 26, 2013 Resolution of the Court of Appeals in CA-G.R. SP No.
 The waiver and quitclaim bearing petitioner's signature and thumbmarks was d9Jed
124993 are AFFIRMED.
December 21, 2010, predating petitioner's alleged illegal termination by two (2)

22 Remoticado V Typical Construction G.R. 206529

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22 Remoticado v Typical Construction days.

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