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Thus, in the said case, the employees were awarded separation pay equivalent to
one (1) month, or to one-half (1/2) month pay for every year they rendered
service, whichever is higher, provided they rendered service for at least six (6)
months in a given year. As explained in the text of the decision in the said case,
"month pay" shall be understood as "average monthly pay during the last season
they worked."
Consequently, the computation of the period of "one year of service" in the above mentioned
jurisprudence is analogous with the issue at hand. The computation of the requirement of at
least 5 years in the retirement provision of the Labor Code particularly for a seasonal
employee should adhere to the above mentioned jurisprudence since your client rendered work
year after year or season after season, without rendering at least 6 months in a given
year/season thus, applying the above-mentioned ruling of the Supreme Court, your client only
rendered 4 years of service, disqualifying her of the benefits provided for by law.
In spite of this, our client, informed and advised your client not to proceed with her decision to
resign however, your client did otherwise. She voluntarily resigned sometime in August 2014
since she, based on her statement, has no more strength to continue her duties and
responsibilities as a tobacco sorter because of her physical difficulties particularly her eyesight
and advance age.
Thus, this peculiar circumstance prompted our clients, in good faith and for humanitarian
purposes, to give Ms. Manaligod financial assistance of four thousand pesos (Php 4,000.00) on
the day she resigned from work. Following your clients resignation, she also executed
voluntarily a deed of release, waiver and quitclaim. Attached for your reference is a copy of the
quitclaim signed by your client and with a considerable amount by way of financial assistance
as indicated in a check voucher
Lastly, this is to inform you that your client has already initiated a complaint against our clients
with the same issues and subject matter before the National Labor Relations Commission. The
claims and demands of your client, being baseless both in law and jurisprudence should be
proceeded with extreme caution since it will compel our client to resort to the appropriate legal
actions that tend protect its interest, credibility and honor. Attached is a notice of conference
from the National Labor Relations Commission, Isabela Field Office.