privileges and to their full backwages, inclusive of allowances, and to their other benefits
or the monetary equivalent thereof computed from the time their compensation was
withheld from them up to the time of their actual reinstatement. Should reinstatement
not be possible, private respondents are ordered to pay petitioners separation pay as
provided by law.
Anent petitioners contention that they are entitled to retirement benefits under the
optional retirement policy, we are constrained to uphold the findings of public
respondent NLRC. A perusal of the records will reveal that the NLRC did not err in
denying petitioners claim under the optional retirement policy allegedly announced by
Captain Inocencio Estaniel at the General Assembly held at the Army and Navy Club
sometime in 1977. The evidence of petitioners regarding the supposed announcement
by Captain Estaniel of the controverted optional retirement plan which consisted merely
of the affidavits of petitioners and their witnesses was successfully rebutted by the
evidence adduced by private respondents. Furthermore, nowhere in the CEIP24[24] is
there a reference to the alleged optional retirement plan, nor is there a provision for
retirement upon service of 20 years in the company.
Having failed to substantiate their allegation that indeed Captain Estaniel announced
this company policy on early retirement in 1977, petitioners cannot, thus, successfully
invoke the doctrine of estoppel against private respondents.
Regarding petitioners allegation that public respondent NLRC seriously erred in
invoking the parol evidence rule against petitioners as there is no written agreement on
optional retirement so as to make this rule applicable, we find the same to be without
merit. Contrary to the allegations of petitioners, provisions on retirement benefits are
specifically embodied in the CEIP which was part and parcel of the contract of
enlistment signed by the petitioners. Moreover, we note that petitioners are in fact
anchoring their claim for retirement benefits, in the alternative, under Section III,
paragraph (c) of this same CEIP. Hence, they cannot validly deny the existence of the
provisions on retirement benefits, and rely merely on the alleged unilateral issuance of
private respondents.
The above notwithstanding, petitioners can nevertheless properly claim 100% of the
total amount credited to their account under Section III of the CEIP,25[25] as well as
paragraph 2 (h) of the Memorandum dated March 9, 1977.26[26] The Consecutive
Enlistment Incentive Plan or CEIP provides, among others: (a) that when the
employment of an employee terminates because of his retirement (with sixty (60) years
being the mandatory retirement age) , death or permanent and total disability, 100% of
24[24]
Rollo, pp. 170-173.
25[25]
supra.
26[26]
supra.