Quitclaim (Labor Cases)

What is a quitclaim?

A quitclaim in relation to labor law is defined as a waiver of a claim by an employee

against his employer.

Guidelines and doctrinal policy

Not all waivers and quitclaims are invalid as against public policy. If the agreement was
voluntarily entered into and represents a reasonable settlement, it is binding on the parties and
may not later be disowned simply because of a change of mind. It is only where there is clear
proof that the waiver was wangled from an unsuspecting or gullible person, or the terms of
settlement are unconscionable on its face, that the law steps in to annul the questioned
transaction. (Periquet v. NLRC, G.R. No. 91298, June 22, 1990)

Requisites of a valid quitclaim

1. Where it is shown that the person making the waiver did so voluntarily;
2. He has full understanding of what he was doing;
3. The consideration for the quitclaim is credible and reasonable;
4. There is no fraud or deceit on the part of any of the parties; and
5. The contract is not contrary to law, public order, public policy, morals or good customs.

Important notes

 A quitclaim is not a bar for an employee to demand full benefits.

 “Dire necessity” or “economic difficulties” are not acceptable grounds to annul a
compromise agreement.
 A quitclaim is invalid if consent was given under duress.
 Quitclaims executed by educated or intelligent persons are valid.

Sample quitclaim
November 17, 2019

I, JOHN D. CROSS, being the employee of Gigantic Corporation (hereinafter the

Corporation), hereby acknowledge the receipt of 1 million pesos from the Corporation in full
satisfaction of my claim against the Corporation for unpaid salaries and other benefits arising
out of my employment with the Corporation. I hereby renounce any and all claim I have against
the Corporation arising out of or connected with my employment therein. This waiver and quit-
claim is executed freely and voluntarily without duress exerted upon me by Gigantic Corporation
or any other person.

(Sgd.)JOHN D. CROSS
 Inventory of Seized Properties in Criminal Cases

Search – is an examination of a person’s house or other building or premises, or of his person,

or of his vehicle, aircraft, etc., with a view to the discovery of contraband or illicit or stolen
property, or some evidence of guilt to be used in the prosecution of a criminal action for some
crime or offense with which he is charged.

Seizure – is the act performed by an officer of the law, under the authority and exigencies of a
writ in taking into the custody of the law the property, real and personal, of a person against
whom the judgment of a competent court has posed, condemning him to pay a certain sum of
money, in order that such property may be sold, by authority and due course of law, to satisfy
the judgment.
- The act of taking possession of goods in consequence of a violation of public law.

Constitutional Safeguards:

ARTICLE III BILL OF RIGHTS

Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.

Section 3. The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by
law. Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.

Search Warrant – is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search the personal
property described therein and bring it before the court.

Difference between Search and Seizure:

Search Seizure
Probing or exploration for Forcible or secretive
something that is concealed or dispossession of something
hidden from the searcher against the will of the possessor
or owner

Where to file Search Warrant:

a. Any court within whose territorial jurisdiction a crime was committed.
b. For compelling reasons stated in the application, any court within the judicial region
where the crime was committed if the place of the commission of the crime is known, or
any court within the judicial region where the warrant shall be enforced.
*If the criminal action has already been filed, the application shall only be made in the
court where the criminal action is pending.
Properties subject to Search Warrant:
a. Personal property subject of the offense;
b. Stolen or embezzled and other proceeds, or fruits of the offense; or
c. Used or intended to be used as a means of committing an offense.
Requisites for the Issuance of Search Warrant: A search warrant shall not issue except
1. Upon probable cause in connection with one specific offense;
2. Personally determined by the judge after examination under oath or affirmation of the
complaint and his witnesses; and
3. The warrant should describe the place to be searched and the things to be seized
which may be anywhere in the Philippines with particularity;
4. The personal examination by the judge should be in form of searching questions and
answers, in writing and under oath of the complaint and his witnesses on facts
personally known to them and attach to the record of their sworn statements, together
with any affidavits submitted.

Standard Operating Procedure Number 2012- 004: SOP ON RECOVERED PERSONAL

EFFECTS OF VICTIMS

SCOPE OF APPLICATION:
This SOP applies to all properties seized/recovered during police operations or
surrendered in relation to a crime/complaint and provides the procedures to be observed by all
PNP units as well as the reports/documents to be prepared in relation thereto.

Annex "A"- Sample Format Inventory Sheet/Receipt for Property/Goods

Seized/Recovered

Republic of the Philippines

Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE

Date: __________________

INVENTORY SHEET/RECEIPT FOR PROPERTY / GOODS

SEIZED/ RECOVERED

Inventory Sheet of article/items seized/recovered from the

premise/establishment of ____________________
located at ___________________ by virtue of _________________.

ITEMS/ARTICLES QUANTITY/UNITS
(Description of the Property/Properties)

(Seizing Officer)

Witnessed by:

Signature Over Printed Name

 MARINE PROTEST

Protest: A written statement by the master of a vessel or any authorized officer, attested by
proper officer or a notary, to the effect that damages has been suffered by the ship.

When to file a protest

1. When the vessel makes an arrival under stress
2. Where the vessel is shipwrecked
3. Where a vessel has gone through a hurricane or the captain believe that the cargo has
suffered damages or averages
4. Maritime Collision

What is Arrival under stress?

The Arrival of a vessel at the nearest and most convenient port which was decided upon after
determining that there is well founded fear of seizure, privateers, or pirates or by reason of any
accidents of the sea disabling it to navigate.

Article 819: If during the voyage the captain believe that the vessel cannot continue the trip to
the port of destination on account of the lack of provision, well-founded fear of seizure,
privateers, or pirates, or by reason of any accidents of the sea disabling it to navigate, he shall
assemble the offices and shall summon the persons interested in the cargo who may be
present, and who may attend the meeting without the right to vote; and if, after examining the
circumstances of the case the reason should be considered well- founded , the arrival at the
nearest and most convenient port shall be agreed upon, drafting and entering the proper
minutes, which shall be signed by all, in the logbook.

The captain shall have the deciding vote, and the persons interested in the cargo, may make
the objections and protests they may deem proper, w, which shall be entered in the minutes in
order that they may make use thereof in the manner they may consider advisable.

Note:

 It is the duty of the captain to present himself, when making a port in destress, to the
maritime authority (in the Philippines it’s the coast guard, in a foreign country it’s the
Philippine consul) before 24 hours have elapsed, and to make a statement of the name
registry and port of departure of the vessel and its cargo and the cause of arrival.

 If theres no maritime authority or consul, the declaration must be made before the local
authority.

 The lawfulness of the arrival understress determines whoever shoulders the damages. If
proper, the shipowner and ship agent will be liable for the damages.

What is Shipreck?
the demolition or shattering of a vessel caused by her driving ashore or on rocks and shoals in
the midseas, or by the violence of winds or waves in tempests; or loss of the vessel at sea as a
consequence of its grounding, or running against an object in sea or on the coast.

Note:

 For losses and deteriorations, the liability shall be individually shouldered by the owner
of the cargo.

 If the ship wreck is due to malice, negligence or lack of skills of the captain, the ship
agent or the shippers may demand indemnity of the captain for the damages.

 It is the obligation of the ship captain to make the proper protes in due form at the first
port of arrival before the competent authority or Philippine consul within 24 hours
specifying all the incidents of the wreck.

What is Averages?

an extra-ordinary or accidental expense incurred during the voyage in order to preserve the
cargo, vessel or both; and all damages or deterioration suffered by the vessel from departure to
the port of destination, and to the cargo from the port of loading to the port consignment.

Note:

1. Gross or general average shall be borne by those who benefited from the sacrifice,
which include the ship owner and the owner of the cargoes that were saved.

What is Collision?

impact of 2 vessels both of which are moving.

Allision - impact between a moving vessel and a stationary one.

Note:

 Protest should be made within 24 hours before the competent authority at the point of
collision or at the first port of arrival, if in the Philippines and to the Philippine consul, if the
collision took place abroad. (Art. 835)
 Injuries to persons and damage to cargo of owners not on board on collision time need not be
protested. (Art. 836)

Who can file a maritime protest?

1. The captain in cases of:

a. Arrival under stress

b. Shipwreck; or
c. If the vessel has gone through a hurricane or where the captain believes that the cargo
has suffered damages or averages
 2. Captain, passenger or other persons interested who may be on board the vessel or who
were in a condition who can make known their wishes; In case of maritime collision

Who can file a maritime protest?

2. The captain in cases of:

a. Arrival under stress
b. Shipwreck; or
c. If the vessel has gone through a hurricane or where the captain believes that the cargo
has suffered damages or averages

2. Captain, passenger or other persons interested who may be on board the vessel or who
were in a condition who can make known their wishes; In case of maritime collision

Admiralty jurisdiction

BP 129 Section 19(3) as amended by RA7691

RTC
Outside MM- exceeds 300,000
Inside MM- exceeds 400,000

MTC
Outside MM- less 300,000
Inside MM- less 400,000

Contents of Marine Protest?

 a.  Name of master/captain of vessel, address, type or class of vessel;

 b.  Name of ship, registry number, homeport, net and gross tonnages, type of cargoes, if
any passenger, super cargoes crew;
c.   Date arrival of vessel; 
d.   Circumstances leading to the condition /state of the vessel, incident,  measures/action
taken, place where she was, the nature of the      incident and probable cause, persons
involved, etc, which answers the   questions of what, when, where, and how.
e.   Weather and sea condition prevailing to include height and length of  waves, winds
prevailing and velocity, tide, current and visibility;
f.    Results arising from the incident;

1.      Number and names of persons killed and injured

2.      Loss of or damage to property to include cargoes on other ships and estimate
value of loss.
 g. Name of owner/ operator or local agent, business address and telephone number; and
 h.  Master’s Seaman’s Identification and Record Book/ Passport Number and Residence
Certificate

Coast guard MC 0690

“Marine Protest” is a declaration on oath by the master, of the circumstances attending the
damage or loss of his vessel, intended to show that the loss accrued by the perils of the sea,
and conducting with the protestation against any liability of the owner to the freighters. It’s used
and design is to authenticate the facts and circumstances of a loss to the insurer and all
concerned

Purpose of marine protest:

• For official record of the maritime incident, and in determining whether the merchant
marine officers and personnel should be declared of any liability, further investigate or
proceed against by competent authority.
• For primary evidence in the investigation of accident involving the vessel by a HEARING
OFFICER, a BOARD OF INQUIRY or any investigation. However, its absence shall not
preclude the conduct of an investigation as deemed necessary by any Coast Guard
officer on official duty

Where to file
The protest shall be submitted to the Coast Guard Station Commander  of the area where the
accident or any incident has occurred or of the first immediate port of call.

INCIDENTS FOR WHICH REQUIRED:

1. Actual physical damage to property exceeding one thousand pesos;
2. Material damage affecting seaworthiness or efficiency of a vessel;
3. Stranding, grounding or sinking of the vessel or fire on board;
4. Loss of life;
5. Injuring causing any persons to remain incapacitated for a period in excess of seventy
(70) hours, except injury to harbor workers not resulting from vessel equipment casualty;
6. Any deviation from her course or delay beyond the control of the master.
7. Any serious breach of charter party terms if committed by any party  other than the
ship’s crew as refusal to load, unduly delaying of loading, loading improper cargo,
refusal to pay discharge fees, refusal to accept bill of lading in form signed by the
master.
8. Failure of consignee to take deliver of cargoes or fails to discharge cargo thereof or pay
freight in accordance with charter party bill of llading terms.
9. Arrival of vessel under stress; and
10. To provide additional information relevant to the incident or circumstances, which may
give rise or may have given rise to suspicion on the negligence or incompetence of the
master or crew.
 NOTICE OF APPEAL

Notice of Appeal is the formal written notice served by an appellant on the lower court
issuing the final order or decision and the adverse parties informing them of the appellant’s
intention to request a higher court to review the lower court’s final order or decision

Under Rule 41, Section 2 of the Revised Rules of Court, there are 3 modes of appeal for
civil cases:

Rule 41, Section 2. Modes of appeal. —

(a) Ordinary appeal. — The appeal to the Court of Appeals in cases decided by
the Regional Trial Court in the exercise of its original jurisdiction shall be
taken by filing a notice of appeal with the court which rendered the
judgment or final order appealed from and serving a copy thereof upon the
adverse party. No record on appeal shall be required except in special
proceedings and other cases of multiple or separate appeals where law on
these Rules so require. In such cases, the record on appeal shall be filed
and served in like manner.

(b) Petition for review. — The appeal to the Court of Appeals in cases decided
by the Regional Trial Court in the exercise of its appellate jurisdiction shall
be by petition for review in accordance with Rule 42.

(c) Appeal by certiorari. — In all cases where only questions of law are raised
or involved, the appeal shall be to the Supreme Court by petition for review
on certiorari in accordance with the Rule 45. (n)

For civil cases, Notice of Appeal is required and falls under the first mode: Ordinary
Appeal.

To further distinguish the first two modes of appeal for civil cases, the Supreme Court
held in Heirs of Arturo Garcia I vs. Municipality of Iba, Zambales (G.R. No. 162217, 22 July
2015) as follows:

“The appeal by notice of appeal under Rule 41 is a matter of right, but

the appeal by petition for review under Rule 42 is a matter of discretion. An appeal
as a matter of right, which refers to the right to seek the review by a superior
court of the judgment rendered by the trial court, exists after the trial in the
first instance. In contrast, the discretionary appeal, which is taken from the
decision or final order rendered by a court in the exercise of its primary appellate
jurisdiction, may be disallowed by the superior court in its discretion. [Emphasis
and Underscoring Supplied]”

IN WHICH CASES IS A NOTICE OF APPEAL REQUIRED OR APPLICABLE?

A. Ordinary Appeal in Civil Cases where assailed decision was issued by:

1. MTC to be appealed to RTC (Rule 40)

2. RTC exercising original jurisdiction to be appealed to CA (Rule 41)
B. Criminal cases where assailed decision was issued by:

1. MTC to be appealed to RTC (Rule 122, Section 3(a))

2. RTC exercising original jurisdiction to be appealed to CA (Rule 122, Section 3(a))
3. RTC exercising original jurisdiction to be appealed to SC where penalty imposed by
RTC was death, reclusion perpetua, or life imprisonment, or where a lesser penalty is
imposed but for offenses committed on the same occasion or which arose out of the
same occurrence that gave rise to the more serious offense for which the penalty of
death, reclusion perpetua, or life imprisonment is imposed (Rule 122, Section 3(c))**

**However, Rule 122, Section 3(d) provides: “No notice of appeal is necessary in cases
where the death penalty is imposed by the Regional Trial Court. The same shall be
automatically reviewed by the Supreme Court as provided in section 10 of this Rule.”

WHEN TO FILE NOTICE OF APPEAL?

FOR CIVIL CASES:

Rule 40, Section 2. When to appeal. — An appeal may be taken within fifteen (15) days after
notice to the appellant of the judgment or final order appealed from. xxx

Rule 41, Section 3. Period of ordinary appeal. — The appeal shall be taken within fifteen (15)
days from notice of the judgment or final order appealed from. xxx

FOR CRIMINAL CASES:

Rule 122, Section 6. When appeal to be taken. — An appeal must be taken within fifteen (15)
days from promulgation of the judgment or from notice of the final order appealed from. xxx

WHERE TO FILE NOTICE OF APPEAL?

FOR CIVIL CASES:

Rule 40, Section 3. How to appeal. — The appeal is taken by filing a notice of appeal with
the court that rendered the judgment or final order appealed from. xxx

FOR CRIMINAL CASES:

Rule 122, Section 3. How appeal taken. —

(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided
by the Regional Trial Court in the exercise of its original jurisdiction, shall be taken by
filing a notice of appeal with the court which rendered the judgment or final order
appealed from and by serving a copy thereof upon the adverse party. xxx

CONTENTS OF NOTICE OF APPEAL AND MANNER OF FILING THE SAME

FOR CIVIL CASES:

Rule 40, Section 3. How to appeal. — xxx The notice of appeal shall indicate the parties to the
appeal, the judgment or final order or part thereof appealed from, and state the material
dates showing the timeliness of the appeal.

xxx

Copies of the notice of appeal, and the record on appeal where required, shall be served on
the adverse party.

Rule 41, Section 5. Notice of appeal. — The notice of appeal shall indicate the parties to the
appeal, specify the judgment or final order or part thereof appealed from, specify the court to
which the appeal is being taken, and state the material dates showing the timeliness of the
appeal.

FOR CRIMINAL CASES:

Rule 122, Section 3. How appeal taken. —

(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided
by the Regional Trial Court in the exercise of its original jurisdiction, shall be taken by
filing a notice of appeal with the court which rendered the judgment or final order
appealed from and by serving a copy thereof upon the adverse party.

xxx

(c) The appeal to the Supreme Court in cases where the penalty imposed by the
Regional Trial Court is death, reclusion perpetua, or life imprisonment, or where a lesser
penalty is imposed but for offenses committed on the same occasion or which arose out
of the same occurrence that gave rise to the more serious offense for which the penalty
of death, reclusion perpetua, or life imprisonment is imposed, shall be by filing a notice
of appeal in accordance with paragraph (a) of this section.

EFFECT OF FILING OF NOTICE OF APPEAL

Rule 41, Section 9. Perfection of appeal; effect thereof. — A party's appeal by notice of appeal
is deemed perfected as to him upon the filing of the notice of appeal in due time.

xxx

In appeals by notice of appeal, the court loses jurisdiction over the case upon the
perfection of the appeals filed in due time and the expiration of the time to appeal of the other
parties.

xxx

In either case, prior to the transmittal of the original record or the record on appeal, the
court may issue orders for the protection and preservation of the rights of the parties which do
not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent
litigants, order execution pending appeal in accordance with 2 of Rule 39, and allow withdrawal
of the appeal.
 SAMPLE NOTICE OF APPEAL

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 132, MAKATI CITY

AAA,
Plaintiff,

-versus- Civil Case: R-MKT-19-01234-CV

For: Collection of Sum of Money
BBB,
Defendant.
x------------------------------------------x
 
NOTICE OF APPEAL

PLAINTIFF, through undersigned counsel and unto this Honorable Court, respectfully states that:

1. Plaintiff has received a copy of this Honorable Court’s Decision dated 21 October 2019 on 13
November 2019. Thus, Plaintiff has fifteen (15) days from receipt or until 28 November 2019 to file a
Notice of Appeal. Hence, this Notice of Appeal is filed within the reglementary period; and

2. Herein Plaintiff gives notice that he is appealing the said Decision dismissing the instant
Complaint for lack of cause of action to the Court of Appeals under Rule 41 of the Rules of Court, the
same being contrary to the facts and pertinent laws.

WHEREFORE, it is respectfully prayed of this Honorable Court that the records of the instant
case be elevated to the Court of Appeals for disposition of the appeal.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted this 15 November 2019 in Makati City.

RIZAL AND LUNA LAW OFFICE

44/F ABC Tower, 315 Sen. Gil Puyat Ave.
Salcedo Village, Makati City 1227
Mobile No. (0912)3456789, Tel. No. (02)8889999
Email Address: [email protected]

by:
JOHN ANTHONY P. RIZAL
IBP Lifetime No. 11111
PTR MKT 099988 / 01-03-2019
MCLE Compliance No. VI-0012234
Roll No. 33456

(COPY FURNISH AND EXPLANATION)

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 132, MAKATI CITY
PEOPLE OF THE PHILIPPINES,
Plaintiff,

-versus- Criminal Case: R-MKT-19-01234-CR

For: Estafa under Art. 316 (2) of the Revised Penal Code
BBB,
Accused.
x------------------------------------------x
 
NOTICE OF APPEAL

ACCUSED, through undersigned counsel and unto this Honorable Court, respectfully states that:

1. Accused was present and attended the promulgation of this Honorable Court’s Decision dated 28
October 2019 in the instant case on 13 November 2019, wherein Accused was found guilty beyond
reasonable doubt for the crime of Estafa under Art. 316 (2) of the Revised Penal Code, as amended.
Thus, Accused has fifteen (15) days or until 28 November 2019 to file a Notice of Appeal. Hence, this
Notice of Appeal is filed within the reglementary period; and

2. Herein Accused gives notice that he is appealing the said Decision to the Court of Appeals under
Rule 122 of the Rules of Court, the same being contrary to the facts and the law.

WHEREFORE, it is respectfully prayed of this Honorable Court that the records of the instant
case be elevated to the Court of Appeals for disposition of the appeal.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted this 15 November 2019 in Makati City.

RIZAL AND LUNA LAW OFFICE

44/F ABC Tower, 315 Sen. Gil Puyat Ave.
Salcedo Village, Makati City 1227
Mobile No. (0912)3456789, Tel. No. (02)8889999
Email Address: [email protected]

by:
JOHN ANTHONY P. RIZAL
IBP Lifetime No. 11111
PTR MKT 099988 / 01-03-2019
MCLE Compliance No. VI-0012234
Roll No. 33456

(COPY FURNISH AND EXPLANATION)