CASE 2019-0008: REY BEN P. MADRIO VS. ATLAS FERTILIZER CORPORATION (G.R. NO. 241445, 14 AUGUST 2019, PERLAS-BERNABE, J.)  (SUBECT/S: RETIREMENT PLAN) (BRIEF TITLE: MADRIO VS ALTAS FERTILIZER)

  

DISPOSITIVE:

 

“WHEREFORE, the petition is DENIED. The Decision dated June 20, 2018 of the Court of Appeals in CA-G.R. SP No. 08194-MIN is hereby AFFIRMED with MODIFICATION. The award of separation benefits  amounting to P84,150.00 in the Decision dated January 31, 2017 and the Resolution dated April 28, 201 7 of the National Labor Relations Commission in NLRC No. MAC-10-014668-2016 is hereby DELETED.

 

SO ORDERED.”

  

SUBJECTS/DOCTRINES/DIGEST:

 

WHO HAS THE BURDEN TO PROVE RETIREMENT BENEFITS UNDER A RETIREMENT PLAN?

 

IT IS THE EMPLOYEE. SEPARATION BENEFITS UNDER THE RETIREMENT PLAN ARE NOT IN THE NATURE OF BENEFITS INCURRED IN THE NORMAL COURSE OF BUSINESS SUCH AS SALARIES.

 

In light of these special conditions, it is fairly apparent that the separation benefits under the Retirement Plan are not in the nature of benefits incurred in the normal course of AFC’s business, such as salary  differentials, service incentive leave pay, or holiday pay. 48 As such, the burden is on the employee to prove his entitlement thereto; 49 failing in which, the latter should not be paid the same.

 

 TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0021-Rey Ben P. Madrio Vs. Atlas Fertilizer Corporation 

 

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