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    Pacta Privata Juri Publico Derogare Non Possunt

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    Rhea Barroga
    The Supreme Court ruled the waiver signed by private respondents invalid because it was signed under duress out of fear of losing their jobs and salaries. Quitclaims and waivers are viewed with disfavor under Philippine law and seen as contrary to public policy because necessitous men are not truly free. The posting of a cash or surety bond is mandatory to perfect an appeal from a labor arbiter's monetary award, and cannot be trifled with to ensure employees receive payment if they prevail and discourage delay tactics by employers.

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    Pacta Privata Juri Publico Derogare Non Possunt

    Uploaded by

    Rhea Barroga
    220 views1 page
    The Supreme Court ruled the waiver signed by private respondents invalid because it was signed under duress out of fear of losing their jobs and salaries. Quitclaims and waivers are viewed with disfavor under Philippine law and seen as contrary to public policy because necessitous men are not truly free. The posting of a cash or surety bond is mandatory to perfect an appeal from a labor arbiter's monetary award, and cannot be trifled with to ensure employees receive payment if they prevail and discourage delay tactics by employers.

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    case digest

    Original Title

    peftok v. nlrc

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    © Attribution Non-Commercial (BY-NC)

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    The Supreme Court ruled the waiver signed by private respondents invalid because it was signed under duress out of fear of losing their jobs and salaries. Quitclaims and waivers are viewed with disfavor under Philippine law and seen as contrary to public policy because necessitous men are not truly free. The posting of a cash or surety bond is mandatory to perfect an appeal from a labor arbiter's monetary award, and cannot be trifled with to ensure employees receive payment if they prevail and discourage delay tactics by employers.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    220 views1 page

    Pacta Privata Juri Publico Derogare Non Possunt

    Uploaded by

    Rhea Barroga
    The Supreme Court ruled the waiver signed by private respondents invalid because it was signed under duress out of fear of losing their jobs and salaries. Quitclaims and waivers are viewed with disfavor under Philippine law and seen as contrary to public policy because necessitous men are not truly free. The posting of a cash or surety bond is mandatory to perfect an appeal from a labor arbiter's monetary award, and cannot be trifled with to ensure employees receive payment if they prevail and discourage delay tactics by employers.

    Copyright:

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    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    General Concepts

    PEFTOK V. NLRC G.R. No. 124841 | July 31, 1998 Pacta privata juri publico derogare non possunt. (Private agreements cannot derogate from public rights) FACTS: The Labor Arbiter rendered a decision in favor of private respondents. PEFTOK and TIPI are jointly and solidarily liable in said decision. TIPI complied with its share of the obligation which is 50%. Subsequently, private respondents executed a waiver barring all claims they may have against PEFTOK. However, private respondents eventually executed affidavits stating that the waiver was prepared by PEFTOK and was readied for their signatures. They also claimed that they signed the waivers for fear that they will not be given their salaries. ISSUE: Whether or not the waiver is valid. HELD: No. It is decisively clear that they (guards) affixed their signatures to subject waivers and/or quitclaims for fear that they would not be paid their salaries on pay day or worse, still, their services would be terminated if they did not sign those papers. In short, there was no voluntariness in the execution of the quitclaim or waivers in question. It should be borne in mind that in this jurisdiction, quitclaims, waivers or releases are looked upon with disfavor."Necessitous men are not free men." "They are commonly frowned upon as contrary to public policy and ineffective to bar claims for the full measure of the workers' legal rights." With respect to the posting of cash or surety bond, the requirement therefor is mandatory. The bond is sine qua non to the perfection of appeal from the labor arbiter's monetary award. The posting of cash or surety bond is unconditional" and cannot therefore be trifled with. It is the intendment of the law that employees be assured that if they finally prevail in the case, they will receive the monetary award granted them. The bond also serves to discourage employers from using the appeal as a ploy to delay or evade payment of monetary obligations to their employees.

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