Professional Documents
Culture Documents
NRLC
March 29, 1996
Bellosillo, J.:
Facts:
August 1987 – Petitioner CISP hired petitioner Eduardo as General Manager with a monthly salary of PHP 9,000.00
and a privilege to use a company car with driver.
Sept. 11, 1989 – CISP’s Board of Directors held a special meeting to discuss the cease and desist order issued by the
Office of the Insurance Commission against CISP on grounds of capital impairment and margin solvency deficiency. To
address this issue, the Board passed Resolution No. 04 authorizing the sale of some CISP properties, including the
company car assigned to Eduardo, to which the latter objected. But the Board overruled, prompting Eduardo to
tender his resignation letter addressed to the Chariman of CISP.
Sept. 22, 1989 – the Board held another special meeting. Eduardo sought to have Resolution No. 04 reconsidered
otherwise his resignation would be irrevocable. His plea was not heeded and instead, the Board authorized and
affirmed the sale of CISP’s properties including Eduardo’s car, and authorized the Chairman to act on the resignation
of petitioner.
The Chairman met with Eduardo and the latter manifested that he had changed his mind about resigning despite the
sale of the company car. This prompted the Chairman to write a Memorandum to the Board informing the latter of
petitioner’s oral revocation of his resignation but to no avail.
Oct. 9, 1989 – Eduardo received a letter from the Chairman relaying the acceptance of his resignation.
Eduardo filed a suit against CISP for illegal dismissal and damages.
The Labor Arbiter ruled for Eduardo, ordering reinstatement without loss of seniority rights and payment of full back
wages limited to 3 years.
Both petitioner and CISP appealed. NLRC affirmed the finding by the LA of illegal dismissal but modified the rest by
deleting reinstatement for becoming moot and academic considering that Eduardo was already 60 years old and
limiting the award of back wages to 18 months.
Hence, this petition.
Issue/Holding:
WON the NLRC committed grave abuse of discretion in deleting the Labor Arbiter’s award of reinstatement. NO. CHALLENGED
DECISION SUSTAINED INSOFAR AS IT DISALLOWED REINSTATEMENT.
Ratio:
As regards reinstatement (germane to topic)
The law recognizes as valid any retirement plan, agreement, or management policy regarding retirement at an earlier
or older age. In the case of petitioner, CISP did not have any retirement plan for its employees. As such, Sec. 13, Book
IV of the Omnibus Rules Implementing the Labor Code provides that in the absence of a retirement plan, agreement,
or policy, an employee may be retired upon reaching the age of 60 years. Construing this provision, the court held
that an employee may retire, or may be retired by his employer, upon reaching the age of 60.
Thus, an employee held to be illegally dismissed cannot be reinstated if he had already reached the age of 60 at the
time of his complaint.