When are ‘quitclaims’ invalid or against public policy?


  

  

Lastly, we find that petitioner had already signed a valid quitclaim, discharge and release which bars the present action. This Court has held that not all quitclaims are per se invalid or against public policy, except (1) where there is clear proof that the waiver was wangled from an unsuspecting or gullible person, or (2) where the terms of settlement are unconscionable on their face. In this case, there is no showing that petitioner was coerced into signing the quitclaim. In her sworn quitclaim, she freely declared that she received to her full satisfaction all that is due her by reason of her employment and that she was voluntarily releasing respondent Ateneo from all claims in relation to her employment. Nothing on the face of her quitclaim has been shown as unconscionable.

Lolita R. Lacuesta, VS. Ateneo De Manila University, Dr. R. Leovino Ma. Garcia and Dr. Marijo Ruiz, G.R. No. 152777, December 9, 2005

Topics in this post:

"QUIT CLAIMS IN PHILIPPINE LABOR", "when is quitclaim valid in the philippines"

4 thoughts on “When are ‘quitclaims’ invalid or against public policy?

  1. I FILED A RESIGNATION EFFECTIVE AUGUST 15,2013, UNTIL NOW I DIDN’T GET MY QUITCLAIMS SUCH AS MY 13TH MONTH PAY AND INCENTIVES, I JUST WOULD LIKE TO ASK, IF THERE’S A SUCH DURATION OR NUMBER OF DAYS TO CLAIM YOUR QUITCLAIMS. I CALLED MY EX-EMPLOYERS AND THEY SAID THEY JUST RECEIVED IT AUGUST 31, SAME REASON UNTIL NOW, ITS STILL ON COMPUTATION.

  2. Hi! I worked for more than 3years in my former employer, when i resigned I follow all the rules to finish the 30 days render duty as the company rules needed and they say that they will give my quitclaim within 90days after my last day on duty. I wait my quitclaim more than 3months before they release it and I just got P1,600.00 as my quitclaim for more than 3years in good servive with them. I didnt expect that quantity because my friend who also worked in that BPO company for just 1year and a half got almost P10,000 as his quitclaim. Do i deserve this?

    • No, the best move is to file money claims against your company before the National Labor Relations Commission Arbiters Office. ave three you have three (3) years time to file money claims but it’s not advisable, please file ASAP.

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