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did, we find the resignation letters “dubious,”[39] not only for having been lopsidedly
worded to ensure that the employer is rendered free from any liability, but also for the
odd coincidence that all the respondents had, at the same time, been confronted with
urgent family problems so that they had to give up their employment and go home.
The truth, as the respondents maintain, is that they cited family problems as reason
out of fear that Modern Metal would not give them their salaries and their release
papers. Only Era was bold enough to say the real reason for his resignation — to
protest company policy.
We likewise find the affidavits[40] of quitclaim and release which the respondents
executed suspect. Obviously, the affidavits were prepared as a follow through of the
respondents’ supposed voluntary resignation. Unlike the resignation letters, the
respondents had no hand in the preparation of the affidavits. They must have been
prepared by a representative of Modern Metal as they appear to come from a standard
form and were apparently introduced for only one purpose — to lend credence to the
resignation letters. In Modern Metal’s haste, however, to secure the respondents’
affidavits, they did not check on the model they used. Thus, Lumanta’s affidavit[41]
mentioned a G & A International Manpower as his recruiting agency, an entity totally
unknown to the respondents; the same thing is true for Era’s affidavit.[42] This
confusion is an indication of the employer’s hurried attempt to avoid liability to the
respondents.
The respondents’ position is well-founded. The NLRC itself had the same impression,
which we find in order and hereunder quote:
The acts of respondents of requiring the signing of new contracts upon
reaching the place of work and requiring employees to sign quitclaims before
they are paid and repatriated to the Philippines are all too familiar stories of
despicable labor practices which our employees are subjected to abroad.
While it is true that quitclaims are generally given weight, however, given
the facts of the case, We are of the opinion that the complainants-appellants
executed the same under duress and fear that they will not be allowed to
return to the Philippines.[43]
Fourth. The compromise agreements (with quitclaim and release)[44] between the
respondents and the agency before the POEA did not foreclose their employeremployee relationship claims before the NLRC. The respondents, except Ordovez and
Enjambre, aver in this respect that they all paid for their own airfare when they
returned home[45] and that the compromise agreements settled only their claim for
refund of their airfare, but not their other claims.[46] Again, this submission has not
been refuted or denied by the agency.
On the surface, the compromise agreements appear to confirm the agency’s position,
yet a closer examination of the documents would reveal their true nature. Copy of the
compromise agreement is a standard POEA document, prepared in advance and readily
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55155
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