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MARINA L. ANGUS
G.R. No. 185449, 12 November 2014, SECOND DIVISION (Del Castillo, J.)
Retirement benefits and separation pay are not mutually exclusive; an employee is entitled
to recover both in the absence of a specific prohibition in the Retirement Plan or CBA.
In 2002, Angus filed with the Labor Arbiter a complaint for illegal dismissal
with claims for separation pay, damages and attorney's fees against petitioners. The
Labor Arbiter upheld the validity of Angus' termination from employment and
declared that the amount she received from the company was actually payment of
separation pay due to redundancy, only that it was computed under the CBA's
retirement plan since the same was more advantageous to her. Anent her claim for
both separation pay and retirement benefits, the Labor Arbiter held that the grant of
both is not allowed under the Retirement Plan/CBA. On appeal, the National
Labor Relations Commission (NLRC) affirmed the ruling of the Labor Arbiter. On
petition for certiorari, the Court of Appeals found Angus’ dismissal valid in both
substance and procedural aspects but it declared Angus entitled to separation pay in
addition to the retirement pay she already received.
ISSUE:
RULING: