Fasap Vs Pal
Fasap Vs Pal
MANILA, Philippines – The Supreme Court (SC) en banc voted 7-2 to side with Philippine
Airlines (PAL) in its 20-year-old retrenchment row with the the Flight Attendants and Stewards
Association of the Philippines (FASAP).
The en banc majority affirmed a 2006 decision by the Court of Appeals (CA) that
validated the retrenchment implemented by the flag carrier. The en banc set aside two
decisions in 2008 and 2009 by SC divisions which sided with FASAP and ordered PAL
to reinstate the retrenched employees.
“The release and quitclaim signed by the affected employees substantially satisfied the
aforestated requirements,” the SC said.
It added: “A quitclaim is invalid or contrary to public policy only: (1) where there is clear
proof that the waiver was wrangled from an unsuspecting or gullible person; or (2)
where the terms of settlement are unconscionable on their face. Based on these
standards, we uphold the release and quitclaims signed by the retrenched employees
herein.”
Seven justices voted in favor of PAL, two dissented, 5 took no part, while Chief Justice
Maria Lourdes Sereno is on indefinite leave.