the total amount credited to his account will be distributed to him (or his eligible
survivor/s); (b) that when an employee voluntarily terminates his employment
(regardless of the reason) no distribution of any portion of the employees account will
ever be made to him (or to his eligible survivor/s); and, (c) that when the termination is
for a reason other than retirement, death or permanent and total disability, without any
misconduct on his part, he shall be entitled to 50% (for 36 months credited service),
75% (48 months) and 100% (60 months) of the total amount credited to his account.
The CEIP, further, provides that when the employment is terminated due to his poor
performance, misconduct, unavailability, etc., or if the employee is not offered reengagement for similar reasons, no distribution of any portion of the employees account
will ever be made to him. Maniks
As discussed above, petitioners did not voluntarily terminate their employment with
private respondents. They merely expressed their desire to avail of the optional early
retirement plan in the mistaken belief that such plan existed and that they would still
receive the benefits due them under the CEIP. Neither were they dismissed for any of
the causes, i.e., poor performance, misconduct, unavailability, etc., which would result
in forfeiture of the aforesaid retirement benefits. Rather, their dismissal was without just
cause and, therefore, deemed illegal under the law. Hence, having been in the employ
of private respondents for a good 20 years or 240 months, petitioners are entitled to the
retirement benefits under Section III, paragraph (c) of the CEIP.27[27]
Anent petitioner Millares contention that he is entitled to an award of actual damages in
the amount of P770,000.00, we find the same to be bereft of merit. Actual or
compensatory damages is the term used for compensation for pecuniary loss - in trade,
business, property, profession, job or occupation. The same must be proved, otherwise,
if the proof is flimsy and unsubstantiated, no damages will be given.28[28]
Petitioner Millares failed to substantiate his claim that the placing of his name on the
POEA watchlist cost him his new job with NAESS Shipping Corporation and that he
incurred losses in the sum of P770,000.00. On the contrary, private respondents,
despite their admission that the placing of petitioner Millares name on the watchlist was
a mistake, were able to prove that he was able to leave the Philippines notwithstanding
such mistake.
Finally, on the issue of whether or not private respondents are liable to pay moral and
exemplary damages, attorneys fees and costs, the Court rules in the negative. The
records reveal that petitioners failed to establish that they suffered diverse injuries such
as mental anguish, besmirched reputation, wounded feelings and social humiliation on
account of private respondents wrongful act or omission such as to entitle them to an
award of moral damages under the Civil Code. The award of moral damages cannot be
27[27]
supra.
28[28]
Rubio vs. Court of Appeals, 141 SCRA 488 (1986)