The law is solicitous of the welfare of employees because they stand on
unequal footing with their employers and are usually left at the mercy of the latter.
This is especially true of Filipino migrant workers who, alone in a foreign country,
might have no adequate alternative resources even for their own personal daily
needs.
Hence, quitclaims signed by our migrant workers, such as the Letters of
Indemnity in the instant case, are viewed with strong disfavor. Public policy
dictates that they be presumed to have been executed at the behest of the employer.
It is the employer’s duty to prove that such quitclaims were voluntary. The
[16]
employee’s acknowledgment of his termination with nary a protest or objection is
not enough to satisfy the requirement of voluntariness on his part.
[17]
Resignation is defined as the voluntary act of an employee who finds
himself in a situation where he believes that personal reasons cannot be sacrificed
in favor of the exigency of the service, and he has no other choice but to
disassociate himself from his employment.
[18]
It would have been illogical for respondents to resign and then claim that
they were illegally terminated. Well-entrenched is the rule that resignation is
inconsistent with the filing of a complaint for illegal dismissal.
We note that respondents Cuesta and Gonzaga, when repatriated to Manila,
had each been employed for only a little over two (2) months and less than one (1)
month, respectively. Prior to their repatriation, their monthly salaries were even
increased from US$900 to US$1,936. Hence, it is rather strange that they would
suddenly resign after barely beginning service of their twelve (12)-month contract.