6) Gamogamo vs PNOC

FACTS: Herein petitioner was first employed for fourteen years with Department of Health after his resignation on November 2 !""# Afterwhi$h he was hired as a$$ompan y dentist by %u&on Stevedoring Corporation '%(ST)*)C+,- a private domesti$ $orporation whi$h was subse.uently ta/en over by herein respondent 0N+C Shipping and Transport Corporation# 0etitioner was among those who opted to be absorbed by the 1espondent and $ontinued to wor/ as $ompany dentist# 1espondent implemented a anpower 1edu$tion 0rogram wherein retren$hed employees shall re$eive a two3month pay for every year of servi$e# 0etitioner resigned from 0N+C upon rea$hing 45 years old wherein he re$eived a retirement pay e.uivalent to one month pay for  every year of servi$e and other benefits# %ater- the president of said $ompany was repla$ed by Dr# Dr# Nemesi Nemesio o )# 0ruden 0rudente te who implem implemente ented d signif signifi$a i$ant nt $ost3s $ost3savi aving ng measur measures es and later later two employees were retren$hed and were paid a 23month separation pay for every year of servi$e under 1espondents anpower 1edu$tion 0rogram# Due to this- petitioner filed a $omplaint at the  National %abor 1elations Commission 'N%1C, for the full payment of his retirement benefits wherein he argued that his servi$e with the D+H should have been in$luded in the $omputation of his years of servi$e# The %abor Arbiters dismissed his $omplaint however- N%1C reversed the de$ision of the %abor Arbiter# 1espondent dismayed- filed with the Court of Appeals a spe$ial $ivil a$tion for certiorari, and was granted# Hen$e- this petition# 6SS(): , 7het 7hethe herr or not petit petitio ione ner8 r8ss years years of serv servi$ i$ee with with the D+H D+H must must be $ons $onsid ider ered ed as $reditable servi$e for the purpose of $omputing his retirement pay# H)%D:  No# The Supreme Court did not uphold petitioners $ontention that his fourteen years of  servi$e with the D+H should be $onsidered be$ause his last two employers were government3 owned and $ontrolled $orporations- and fall under the Civil Servi$e %aw# Arti$le 69',- Se$tion 2 paragraph  of the !;" Constitution states that33

hen$e they are not under the Civil Servi$e %aw# 6n addition- petitioner also signed and delivered to 1espondent a 1elease and (nderta/ing wherein he waives all a$tions- $auses of a$tions- debts- dues- monies and a$$ounts in $onne$tion with his employment with 1espondent# This .uit$laim releases 1espondent from any other other obliga obligatio tion n in favor favor of petiti petitioner oner## 7hile 7hile .uit$l .uit$laim aimss e?e$ut e?e$uted ed by employ employees ees are $ommonly frowned upon as $ontrary to publi$ poli$y and are ineffe$tive to bar $laims for the full measure of the employees legal rights- there are legitimate waivers that represent a voluntary and reasonable settlement of laborers $laims whi$h should be respe$ted by the $ourts as the law  between the parties#