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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-2001 Jurisprudence                 

  • G.R. No. 137841 October 1, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CHUA

  • G.R. No. 117512 October 2, 2001 - REBECCA ALA-MARTIN v. HON. JUSTO M. SULTAN

  • G.R. No. 120098 October 2, 2001 - RUBY L. TSAI v. HON. COURT OF APPEALS EVER TEXTILE MILLS

  • G.R. No. 124037 October 2, 2001 - PEOPLE OF THE PHILIPPINES v. REYNALDO DE GUZMAN

  • G.R. No. 126592 October 2, 2001 - ROMEO G. DAVID v. JUDGE TIRSO D.C. VELASCO, ET AL.

  • G.R. No. 129900 October 2, 2001 - JANE CARAS y SOLITARIO v. HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES

  • G.R. No. 133000 October 2, 2001 - PATRICIA NATCHER petitioner v. HON. COURT OF APPEALS AND THE HEIRS OF GRACIANO DEL ROSARIO-LETICIA DEL ROSARIO

  • G.R. No. 133895 October 2, 2001 - ZENAIDA M. SANTOS v. CALIXTO SANTOS, ET AL.

  • G.R. Nos. 135522-23 October 2, 2001 - PEOPLE OF THE PHIL. v. AMORSOLO G. TORRES

  • G.R. No. 137777 October 2, 2001 - THE PRESIDENTIAL AD-HOC FACT FINDING COMMITTEE, ET AL. v. THE HON. OMBUDSMAN ANIANO DESIERTO, ET AL.

  • G.R. No. 138322 October 2, 2001 - GRACE J. GARCIA v. REDERICK A. RECIO

  • G.R. No. 138929 October 2, 2001 - PEOPLE OF THE PHIL. v. FLORENTINO DEL MUNDO

  • G.R. No. 139050 October 2, 2001 - REPUBLIC OF THE PHILIPPINES v. THE COURT OF TAX APPEALS and AGFHA

  • G.R. No. 142877 October 2, 2001 - JINKIE CHRISTIE A. DE JESUS and JACQUELINE A. DE JESUS v. THE ESTATE OF DECEDENT JUAN GAMBOA DIZON

  • G.R. No. 125081 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. REMEDIOS PASCUA

  • G.R. No. 128195 October 3, 2001 - ELIZABETH LEE and PACITA YULEE v. REPUBLIC OF THE PHILIPPINES

  • G.R. Nos. 128514 & 143856-61 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. NILO LEONES

  • G.R. Nos. 142602-05 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. BONIFACIO ARIOLA

  • A.M. No. 01-6-192-MCTC October 5, 2001 - Request To Designate Another Judge To Try And Decide Criminal Case No. 3713

  • A.M. No. RTJ-01-1610 October 5, 2001 - ATTY. EDGAR H. TALINGDAN v. JUDGE HENEDINO P. EDUARTE

  • G.R. No. 124498 October 5, 2001 - EDDIE B. SABANDAL v. HON. FELIPE S. TONGCO Presiding Judge

  • G.R. No. 127441 October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS

  • G.R. No. 130499 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. PAMFILO QUIMSON @ "NOEL QUIMSON

  • G.R. No. 130962 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE REAPOR y SAN JUAN

  • G.R. No. 131040 October 5, 2001 - PEOPLE OF THE PHIL. v. MICHAEL FRAMIO SABAGALA

  • G.R. No. 132044 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO @ Tony EVANGELISTA Y BINAY

  • G.R. No. 132718 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE CASTILLON III and JOHN DOE

  • G.R. Nos. 135452-53 October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA

  • G.R. No. 139760 October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS

  • G.R. No. 144189 October 5, 2001 - R & M GENERAL MERCHANDISE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121948 October 8, 2001 - PERPETUAL HELP CREDIT COOPERATIVE v. BENEDICTO FABURADA

  • G.R. No. 123075 October 8, 2001 - PEOPLE OF THE PHIL. v. PEDRO L. NUELAN

  • G.R. No. 129926 October 8, 2001 - PEOPLE OF THE PHIL. v. NOLE M. ZATE

  • G.R. No. 137599 October 8, 2001 - PEOPLE OF THE PHILIPPINES v. GILBERT BAULITE and LIBERATO BAULITE

  • G.R. No. 138941 October 8, 2001 - AMERICAN HOME ASSURANCE COMPANY v. TANTUCO ENTERPRISES

  • G.R. No. 141297 October 8, 2001 - DOMINGO R. MANALO v. COURT OF APPEALS (Special Twelfth Division) and PAIC SAVINGS AND MORTGAGE BANK

  • A.M. No. 01-9-246-MCTC October 9, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ALIPIO M. ARAGON

  • G.R. No. 138886 October 9, 2001 - PEOPLE OF THE PHILIPPINES v. SP01 WILFREDO LEAÑO SP01 FERDINAND MARZAN SPO1 RUBEN B. AGUSTIN SP02 RODEL T. MADERAL * SP02 ALEXANDER S. MICU and SP04 EMILIO M. RAMIREZ

  • G.R. No. 141182 October 9, 2001 - HEIRS OF PEDRO CUETO Represented by ASUNCION CUETO v. HON. COURT OF APPEALS (SPECIAL FORMER FIRST DIVISION) and CONSOLACION COMPUESTO

  • A.M. No. 99-12-03-SC October 10, 2001 - RE: INITIAL REPORTS ON THE GRENADE INCIDENT THAT OCCURRED AT ABOUT 6:40 A.M. ON DECEMBER 6, 1999

  • G.R. No. 129313 October 10, 2001 - SPOUSES MA. CRISTINA D. TIRONA and OSCAR TIRONA v. HON. FLORO P. ALEJO as Presiding Judge

  • G.R. Nos. 135679 & 137375 October 10, 2001 - PEOPLE OF THE PHILIPPINES v. GODOFREDO RUIZ

  • G.R. No. 136258 October 10, 2001 - PEOPLE OF THE PHIL. v. CARLOS FELICIANO

  • A.M. No. 2001-9-SC October 11, 2001 - DOROTEO IGOY v. GILBERT SORIANO

  • A.M. No. RTJ-99-1485 October 11, 2001 - TEOFILO C. SANTOS v. JUDGE FELICIANO V. BUENAVENTURA

  • G.R. No. 80796 & 132885 October 11, 2001 - PROVINCE OF CAMARINES NORTE v. PROVINCE OF QUEZON

  • G.R. No. 118387 October 11, 2001 - MARCELO LEE v. COURT OF APPEALS and HON. LORENZO B. VENERACION and HON. JAIME T. HAMOY

  • G.R. Nos. 123913-14 October 11,2001

    PEOPLE OF THE PHIL. v. PABLO CALLOS

  • G.R. No. 130415 October 11, 2001 - PEOPLE OF THE PHILIPPINES v. ALVIN YRAT y BUGAHOD and RAUL JIMENA, ET AL.

  • G.R. No. 130562 October 11, 2001 - Brigida Conculada v. Hon. Court Of Appeals

  • G.R. No. 112526 October 12, 2001 - STA. ROSA REALTY DEVELOPMENT CORPORATION v. COURT OF APPEALS

  • G.R. No. 122710 October 12, 2001 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS and REMINGTON INDUSTRIAL SALES CORPORATION

  • G.R. Nos. 134769-71 October 12, 2001 - PEOPLE OF THE PHIL. v. ROBERTO BATION

  • G.R. No. 137843 October 12, 2001 - PEOPLE OF THE PHIL. v. EDUARDO S. AÑONUEVO

  • G.R. No. 139904 October 12, 2001 - PEOPLE OF THE PHIL. v. CONRADO MERCADO

  • G.R. No. 136470 October 16, 2001 - VENANCIO R. NAVA v. COMMISSION ON AUDIT

  • G.R. No. 140794 October 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO T. AGLIDAY

  • A.M. No. P-00-7-323-RTJ October 17, 2001 - RE: RELEASE BY JUDGE MANUEL T. MURO, RTC, BRANCH 54 MANILA, OF AN ACCUSED IN A NON-BAILABLE OFFENSE

  • A.M. No. P-00-1419 October 17, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MAGDALENA G. MAGNO

  • A.M. No. RTJ-97-1390 & AM RTJ-98-1411 October 17, 2001 - ATTY. CESAR B. MERIS v. JUDGE CARLOS C. OFILADA

  • G.R. No. 123137 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. PO2 ALBERT ABRIOL

  • G.R. No. 124513 October 17, 2001 - ROBERTO ERQUIAGA v. HON. COURT OF APPEALS

  • G.R. No. 127540 October 17, 2001 - EUGENIO DOMINGO v. HON. COURT OF APPEALS

  • G.R. No. 127830 October 17, 2001 - MANOLET LAVIDES v. ERNESTO B. PRE

  • G.R. No. 129069 October 17, 2001 - PEOPLE OF THE PHIL. v. JULIO R. RECTO

  • G.R. No. 129236 October 17, 2001 - PEOPLE OF THE PHIL. v. RAYMUNDO G. DIZON

  • G.R. No. 129389 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. TEODORICO UBALDO

  • G.R. Nos. 132673-75 October 17, 200

    PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ

  • G.R. No. 136291 October 17, 2001 - LETICIA M. MAGSINO v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 136869 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. DENNIS MAZO

  • G.R. No. 141673 October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.

  • G.R. No. 142726 October 17, 2001 - PEOPLE OF THE PHIL. v. APOLONIO ACOSTA

  • G.R. No. 143190 October 17, 2001 - ANTONIO P. BELICENA v. SECRETARY OF FINANCE

  • G.R. No. 143990 October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS

  • G.R. Nos. 121039-45 October 18, 2001 - THE PEOPLE OF THE PHILIPPINES v. MAYOR ANTONIO L. SANCHEZ

  • G.R. No. 132869 October 18, 2001 - GREGORIO DE VERA v. COURT OF APPEALS

  • G.R. No. 143486 October 18, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO DUMAGAY TUADA

  • G.R. No. 144735 October 18, 2001 - YU BUN GUAN v. ELVIRA ONG

  • G.R. No. 116285 October 19, 2001 - ANTONIO TAN v. COURT OF APPEALS and the .C.C.P

  • G.R. Nos. 121201-02 October 19, 2001 - THE PEOPLE OF THE PHILIPPINES plaintiff-appellee v. GIO CONCORCIO @ JUN

  • G.R. No. 129995 October 19, 2001 - THE PROVINCE OF BATAAN v. HON. PEDRO VILLAFUERTE

  • G.R. No. 130730 October 19, 2001 - HERNANDO GENER v. GREGORIO DE LEON and ZENAIDA FAUSTINO

  • G.R. No. 133002 October 19, 2001 - PEOPLE OF THE PHILIPPINES v. INTOY GALLO @ PALALAM

  • G.R. No. 137904 October 19, 2001 - PURIFICACION M. VDA. DE URBANO v. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)

  • A.M. No. 99-12-497-RTC October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN

  • G.R. No. 121267 October 23, 2001 - SMITH KLINE & FRENCH LABORATORIES v. COURT OF APPEALS, ET AL.

  • G.R. No. 124036 October 23, 2001 - FIDELINO GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124295 October 23, 2001 - JUDGE RENATO A. FUENTES v. OFFICE OF THE OMBUDSMAN-MINDANAO

  • G.R. No. 125193 October 23, 2001 - MANUEL BARTOCILLO v. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES

  • G.R. No. 130846 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROGELIO PAMILAR y REVOLIO

  • G.R. No. 131841 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. RUBEN VILLARMOSA

  • G.R. No. 132373 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. TIRSO ARCAY @ "TISOY" and TEODORO CLEMEN @ "BOY

  • G.R. No. 134740 October 23, 2001 - IRENE V. CRUZ v. COMMISSION ON AUDIT

  • G.R. No. 135481 October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 136105 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO PAREDES y SAUQUILLO

  • G.R. No. 136337 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. NELSON CABUNTOG

  • G.R. No. 139114 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROMAN LACAP Y CAILLES

  • G.R. No. 139274 October 23, 2001 - QUEZON PROVINCE v. HON. ABELIO M. MARTE

  • G.R. No. 139329 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ERLINDO MAKILANG

  • G.R. Nos. 140934-35 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. CONDE RAPISORA y ESTRADA

  • A.M. No. RTJ-01-1634 October 25, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. SILVERIO Q. CASTILLO

  • G.R. No. 102367 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ABUNDIO ALBARIDO and BENEDICTO IGDOY

  • G.R. No. 126359 October 25, 2001 - PEOPLE OF THE PHIL v. CARLITO OLIVA

  • G.R. No. 127465 October 25, 2001 - SPOUSES NICETAS DELOS SANTOS v. COURT OF APPEALS

  • G.R. No. 133102 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. DINDO AMOGIS y CRINCIA

  • G.R. Nos. 134449-50 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PEDRO HERNANDEZ y PALMA

  • G.R. No. 135813 October 25, 2001 - FERNANDO SANTOS v. Spouses ARSENIO and NIEVES REYES

  • G.R. No. 135822 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL

  • G.R. Nos. 137494-95 October 25, 2001 - THE PEOPLE OF THE PHILIPPINES v. SOTERO REYES alias "TURING"

  • G.R. Nos. 142741-43 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ROMEO MANAYAN

  • A.M. No. P-01-1474 October 26, 2001 - ANTONIO C. REYES v. JOSEFINA F. DELIM

  • G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA

  • G.R. Nos. 121492 & 124325 October 26, 2001 - BAN HUA UY FLORES v. JOHNNY K.H. UY

  • G.R. No. 132169 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. SANICO NUEVO @ "SANY

  • G.R. No. 133741-42 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. LINO VILLARUEL

  • G.R. No. 134802 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RENATO Z. DIZON

  • G.R. No. 135920 October 26, 2001 - ENCARNACION ET AL. v. SEVERINA REALTY CORPORATION

  • G.R. No. 140719 October 26, 2001 - NICOLAS UY DE BARON v. COURT OF APPEALS

  • G.R. No. 140912 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO DIAZ Y SEVILLETA

  • G.R. No. 141540 October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO

  • G.R. No. 143231 October 26, 2001 - ALBERTO LIM v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 144237 October 26, 2001 - WINSTON C. RACOMA v. MA. ANTONIA B. F. BOMA

  • G.R. Nos. 146319 & 146342 October 26, 2001 - BENJAMIN E. CAWALING v. THE COMMISSION ON ELECTIONS

  • G.R. No. 146593 October 26, 2001 - UNITED COCONUT PLANTERS BANK v. ROBERTO V. ONGPIN

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    G.R. No. 141673   October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 141673. October 17, 2001.]

    MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO, President, Petitioners, v. NATIONAL LABOR RELATIONS COMMISSION (Third Division), NOEMI B. JUAT and EDILBERTO AZURIN, Respondents.

    D E C I S I O N


    PARDO, J.:


    The Case


    The case is an appeal via certiorari from the decision 1 of the Court of Appeals affirming the resolutions of the National Labor Relations Commission ruling that respondents retiring faculty members of petitioner Manuel L. Quezon University were entitled to retirement benefits under Republic Act No. 7641, even if petitioner had an existing valid retirement plan.

    The Facts


    The facts, as found by the Court of Appeals, are as follows:jgc:chanrobles.com.ph

    "Petitioner Manuel L. Quezon University (MLQU) is a private educational institution which established a retirement plan for its employees as early as June 26, 1967. The Retirement Plan which was duly approved by the Bureau of Internal Revenue for tax purposes provides as follows:chanrob1es virtual 1aw library

    x       x       x


    "ARTICLE 1 — PURPOSE

    "The Board of Regents of the Manuel L. Quezon Educational Institution, Inc., recognizing the value of long and loyal service and desiring to reward those who remain in its employ continuously for a substantial number of years, approves this Retirement Plan to assist financially its officers, faculty members and administrative personnel by providing for their retirement. (Emphasis supplied)chanrob1es virtua1 1aw 1ibrary

    x       x       x


    "ARTICLE III

    "PERSONS ENTITLED TO RETIREMENT PRIVILEGES

    "(a) All faculty members and employees who attain the age of 65-years while employed with the Manuel L. Quezon Educational Institution, Inc., provided that they have rendered at least ten (10) years of continuous service. (Emphasis supplied)

    "(b) Those who have not attained the age of 65, years. but who have rendered at least 20 years of continuous service to the Manuel L, Quezon Educational Institution, Inc. at the date of retirement. (Emphasis supplied)

    "(c) This plan does not apply to members of the Board of Regents, the President, the Executive Officer, and the Treasurer, whose retirement shall be determined by the Board of Regents without prejudice to their retirement under this plan as members of the faculty.

    "ARTICLE IV

    "COMPULSORY NATURE OF RETIREMENT

    "(a) Upon fulfillment of the conditions set forth in paragraphs (a) and (b) of Article III, retirement of faculty members and employees concerned shall be compulsory, unless the Board of Regents expressly and in writing decides to defer their retirement on a year to year basis or for a definite period.

    "ARTICLE V

    "THE RETIREMENT PLAN

    "(a) Every faculty member or employee is entitled to receive as retirement compensation an amount equivalent to one month pay for every year of service. The one month shall be computed as specified in paragraph (b) below. (Emphasis supplied)

    "(b) In determining the one month salary to which a retiree is entitled, all salaries, bonuses and other amounts received by him as a faculty member or employee during the entire period of his employment shall be added and the same shall be divided by the number of years that he has been employed; service exceeding six (6) months shall be considered as service for one year. The quotient shall then be divided by twelve (12), in case of retirees rendering services throughout the year, that is, during a period of twelve (12) months, and in the case of retirees, not rendering service throughout the year, such as faculty members not receiving monthly compensations, the quotient shall then be divided by the number of months determined as follows: (1) if they taught for only one semester during the year, four and one half (4 & ) months; (2) if for two semesters, nine (9) months; (3) if for one semester and summer, 6 months. This last quotient shall be considered for the purpose of this retirement plan.

    "However, any sums paid to the employee by reason of his membership in the Social Security System and any sums paid to him as compensation under the Workmen’s Compensation Act shall be excluded, that is, it shall not be considered as part of his gross income for the purpose of computing his retirement pay.

    "If the retiree is an employee and a faculty member at the same time, his earnings received from the Manuel L. Quezon Educational Institution, Inc. in both categories shall be added for the purpose of determining his retirement pay.

    "(c) The faculty member or employee who is on an extended leave of absence may, at the discretion of the Board of Regents, be considered in the service continuously until the end of his extended leave for the purpose of determining the twenty (20) years service requirement. Hereafter, no extended leave of absence shall be granted for a longer period than one year unless, in special cases, the Board of Regents decides otherwise. Extended leave of absence heretofore granted shall continue only for a period of two years from the approval of this plan by the Board of Regents, unless in special cases, the Board decides otherwise.chanrob1es virtua1 1aw 1ibrary

    x       x       x


    "Noemi B. Juat, now 68 years of age, worked for almost twenty nine (29) years and started as a part-time instructor of the petitioner, Manuel L. Quezon University (MLQU), from June 16, 1965 until her compulsory retirement on March 31, 1994.

    ". . . On January 14, 1993, then MLQU President Amado Dizon informed in writing private respondent Juat that she was eligible for retirement under Article III, Section I of the MLQU Retirement Plan as cited in the Revised Faculty Manual of June 13, 1990. The retirement of private respondent was deferred because she was still given teaching load for school year 1993-1994. On February 1, 1994 she received another letter from President Dizon informing her that she was considered compulsory retired effective at the end of second semester of school year 1993-1994 pursuant to the Retirement Plan. On February 3, 1994, private respondent Juat received a third letter from Dean Leticia L. Lava of petitioner University’s School of Arts and Science informing her of the approval by the Board of Regents considering her as compulsorily retired. On November 17, 1992, a letter was sent by private respondent to petition inquiring the amount of retirement benefits due to her and in response petitioner provided her with a computation of the retirement benefits through a letter dated July 29, 1994. On the same day private respondent Juat received, under protest, the two installments of her retirement pay in the total amount of P71, 674.91, as evidenced by the general voucher, when the alleged correct amount should be P149,401.62.chanrob1es virtua1 1aw 1ibrary

    "Believing that she was entitled to a higher amount of retirement benefits, private respondent engaged the services of the university of the Philippines, Office of Legal Aid to prosecute her claim for deficiency. On September 20, 1996 private respondent through counsel sent a letter of demand to MLQU President August Sunico, demanding the payment of the deficiency plus interest at the rate of 12% a year from. the date of retirement. On October 3, 1996, petitioner replied, alleging that private respondent was not entitled to receive retirement benefits as she was only a "part-time employee" of MLQU, much less to the payment of deficiency. In the same letter it expressed its willingness to settle the matter amicably but to no avail as no amicable settlement was reached. On March 25, 1997, private respondent filed a complaint before the National Labor Relations Commission (NLRC) to recover the balance of her retirement benefits under Republic Act No. 7641.

    "Edilberto D. Azurin is a Certified Public Accountant (CPA) and was hired as a teacher/instructor, on a full-time basis, of the petitioner (MLQU) for twenty-five (25) years, from September 1969 until June 7, 1994. As member of the faculty of the School of Commerce, private respondent taught accounting subjects in semestral and summer classes and was likewise given teaching assignments in other colleges of petitioner university. He received monthly compensation, the last and highest of which was P11,100.50, payable every thirtieth day of every month.

    "On June 7, 1994, a letter was received by private respondent Azurin, informing him that he was being retired under Article III, Section (a) of the MLQU Retirement Plan. As stated in said letter, he will receive the amount of P34,282.02 which amount he received under protest, as evidenced formally requested for reconsideration and recomputation of his retirement of his retirement gratuity, stating that under R. A. 7641, he should have received the total amount of P150, 215.75 based on the last salary and benefits received by him. Despite receipt of said demand letter, petitioner failed and refused and continuously refuse to heed complainant’s demand for the payment of his valid claim, prompting private respondent to institute a complaint against petitioner asking for the payment of deficiency of retirement benefits and attorney’s fee. This was assigned to Honorable Labor Arbiter Jovencio Mayor. However, upon motion for reconsideration by herein petitioners, the complaint was consolidated with private respondent Juat’s complaint filed with the Honorable Labor Arbiter Manuel R. Caday. After the parties failed to reach an amicable settlement during the conciliatory proceedings of the cases, they were required to submit their respective position papers. On June 24, 1998, Labor Arbiter Manuel R. Caday rendered a decision for petitioners, disposing thus:chanrob1es virtua1 1aw 1ibrary

    "WHEREFORE, premises considered, the instant complaints should be, as they are hereby DISMISSED for lack merit and want of legal and factual bases.

    "SO ORDERED.

    "Believing that the decision of Labor Arbiter Caday was erroneous private respondents Azurin and Juat filed their Memorandum of Appeal on July 27, 1998 and July 30, 1998, respectively, with the NLRC.

    "On October 28, 1998, the Third Division of the NLRC came out with the questioned resolution, reversing the ruling of the Labor Arbiter, and disposing thus:jgc:chanrobles.com.ph

    "WHEREFORE, premises considered, the twin Appeals are hereby GRANTED except with regard to the claims for actual damages and ten percent (10%) attorney’s fees. Accordingly, the Decision appealed from is hereby REVERSED and SET ASIDE and a new one entered directing respondent University to pay complainants Juat and Azurin their retirement differential pay of P77,726.72 and P115,933.73, respectively, plus legal interest of six percent (6%) per annum from the date of filing of their complaints on March 27, 1997 up to actual payment.

    "SO ORDERED.

    "On January 18, 1999, a motion for reconsideration was filed by petitioner which was outrightly denied in a resolution dated March 17, 1999. Dissatisfied with the aforesaid decision, petitioner found its way to this Court via the petition under consideration, contending that the NLRC gravely abused its discretion in reversing the decision of the Labor Arbiter and awarding retirement benefits to private respondents Juat and Azurin by giving retroactive application to the provision of R. A. 7641. 2

    On September 3, 1999, the Court of Appeals promulgated a decision 3 affirming the resolutions of the NLRC as set out in the opening paragraph of this decision.

    On October 14, 1999, petitioners filed a motion for reconsideration of the NLRC resolution. 4

    On January 18, 2000, the Court of Appeals denied petitioner’s motion for reconsideration. 5

    Hence, this appeal. 6

    The Issue


    The issue raised is whether respondents are entitled to the retirement benefits provided for under Republic Act No. 7641, even if the petitioner has an existing valid retirement plan

    The Court’s Ruling


    We affirm the decision of the Court of Appeals. The law, Republic Act No. 7641, intends to give the minimum retirement benefits to employees not entitled thereto under collective bargaining and other agreements. Its coverage applies to establishments with existing collective bargaining or other agreements or voluntary retirement plans whose benefits are less than those prescribed under the proviso in question.

    Republic Act No. 7641 is a curative social legislation. 7 By their nature, curative statutes may be given retroactive effect, unless it will impair vested rights. 8 Republic Act No. 7641 has retroactive effect to include in its coverage the employees’ services to an employer rendered prior to its effectivity. 9 It applies to employees in the employ of employers at the time the law took effect and who are eligible to benefits under that statute. 10

    The Fallo

    WHEREFORE, we AFFIRM the decision of the Court of Appeals in toto.

    No costs.

    SO ORDERED.

    Davide Jr., CJ ., Puno, and Ynares-Santiago, JJ., concur.

    Kapunan, J., on official leave.

    Endnotes:



    1. In CA-G. R. SP No. 53206, promulgated on September 03, 1999. Petition, Annex "B", Rollo, pp. 52-68. Salazar-Fernando, J., ponente, Guerrero, B. J. and Aliño-Hormachuelos, P., JJ., concurring.

    2. Petition, Annex "B", Rollo, pp. 53-68 at pp. 54-60.

    3. Supra, Notes 1 and 2.

    4. Petition, Annex "C", Rollo, pp. 69-94.

    5. Petition, Annex "A", Rollo, pp. 50-51.

    6. Filed on February 14, 2000. Petition, Rollo. pp. 347. On July 31, 2000, we gave due course to the petition (Rollo, pp. 540-541).

    7. Oro Enterprises, Inc. v. NLRC, 238 SCRA 105, 112 [1994].

    8. Development Bank of the Philippines v. Court of Appeals, 96 SCRA 342, 354 [1980]; Subido, Jr. v. Sandiganbayan, 334 Phil. 346 [1997]; Municipality of San Narciso, Quezon v. Mendez, Sr., 239 SCRA 11 [1994].

    9. Development Bank of the Philippines v. Court of Appeals, supra, Note 8.

    10. Ibid.; CJC Trading, Inc. v. NLRC, 316 Phil. 887, 895-896 [1997]; Philippine Scout Veterans Security and Investigation Agency v. NLRC, 337 Phil. 659, 666 [1997].

    G.R. No. 141673   October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.


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