Professional Documents
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ULING:TheCAconcludedthatthepetitionerhadagreedtobeboundbytheretirementplan
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of PVB whenheacceptedtheletterofappointmentasitsChiefLegalCounsel.Obviously,the
merementionoftheretirementplanintheletterofappointmentdidnotsufficientlyinform
the petitioner of the contents or details of the retirement program. To construe from the
petitioner's acceptance of his appointment that he had acquiesced to be retiredearlierthanthe
compulsory age of 65 years would, therefore, not be warranted. This is because retirement
should be the result of the bilateral act of both the employer andtheemployeebasedon
theirvoluntaryagreementthattheemployeeagreestoseverhisemploymentuponreaching
acertainage.Thatthepetitionermightbewellawareoftheexistenceoftheretirementprogram
atthetimeofhisengagementdidnotsuffice.Hisimpliedknowledge,regardlessofduration,did
notequatetothevoluntaryacceptancerequiredbylawingrantinganearlyretirementageoption
to the employee. The law demanded more than a passive acquiescence on the part of the
employee,consideringthathisearlyretirementageoptioninvolvedconcedingtheconstitutional
righttosecurityoftenure.Furthermore,thepetitioner'smembershipintheretirementplancould
not be justifiably attributed to his signing of the letter of appointment that only listed the
minimumbenefitsprovidedtoPVB'semployees.Indeed,inCercado,wehavedeclaredthatthe
employee's consent to the retirementplanthatcameintobeingtwoyearsafterthehiringcould
not be inferredfromhersignatureonthepersonnelactionformsacceptingthetermsofherjob
description, and compliance with the company policies, rules and regulations Having thus
automaticallybecomeamemberoftheretirementplanthroughhisacceptanceofemploymentas
Chief Legal Officer of PVB, the petitioner could not withdraw from the plan except uponhis
termination from employment. It is also notable that the retirementplanhadbeeninexistence
sinceJanuary1,1996,ormorethanfiveyearspriortothepetitioner'semploymentbyPVB.The
planwasestablishedsolelybythePVB,andapprovedbyitspresident.Assuch,theplanwasin
thenatureofacontractofadhesion,inrespecttowhichthepetitionerwasreducedtomere
submissionbyacceptinghisemployment,andautomaticallybecameamemberoftheplan.
With the plan being a contract of adhesion, to consider him to have voluntarily and freely
given his consent to the terms thereof as towarranthisbeingcompulsorilyretiredatthe
age of60yearsisfactuallyunwarranted. Tostress,companyretirementplansmustnotonly
comply with the standards set by the prevailing labor laws but must also be accepted by the
employeesascommensuratetotheirfaithfulservicestotheemployerwithintherequisiteperiod.
Althoughtheemployercouldbefreetoimposearetirementagelowerthan65yearsforaslong
its employees consented, theretirementoftheemployeewhoseintenttoretirewasnotclearly
established, or whose retirement was involuntary is to be treated as a discharge. Hence, the
petition is granted and reverses the decision of the CA.
OCTRINE: An employeeintheprivatesectorwhodidnotexpresslyagreetothetermsof
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anearlyretirementplancannotbeseparatedfromtheservicebeforehereachestheageof65
years.Theemployerwhoretirestheemployeeprematurelyisguiltyofillegaldismissal,andis
liable to pay his backwages and toreinstatehimwithoutlossofseniorityandotherbenefits,
unless the employee has meanwhile reached the mandatory retirement age under the Labor
Code, in which case he is entitled to separation pay pursuant to the terms of the plan, with
legal interest on the backwages and separation pay reckoned from the finality of the decision.