Title
Manila Hotel Corporation vs. De Leon
Case
G.R. No. 219774
Decision Date
Jul 23, 2018
Rosita De Leon, a managerial employee, was compulsorily retired by Manila Hotel without her consent. The Supreme Court ruled her retirement as illegal dismissal, entitling her to backwages and separation pay, affirming managerial employees' exemption from CBA retirement provisions.

Case Summary (G.R. No. 212635)

Facts

Rosita De Leon was employed by Manila Hotel Corporation starting September 1, 1976, and progressed through various positions, ultimately becoming the Assistant Credit and Collection Manager. On June 7, 2011, she received a Notice of Compulsory Retirement, effective June 10, 2011, due to her length of service. Respondent claimed that this retirement was enforced without due process and submitted a complaint for illegal dismissal, underpayment of salaries, and other claims against the petitioner and its officers.

Petitioner’s Position

The petitioner maintained that there was no illegal dismissal, arguing that De Leon voluntarily accepted the compulsory retirement offer under the Collective Bargaining Agreement (CBA). Under the CBA, compulsory retirement occurs at age 60 or after 20 years of service. The petitioner asserted that De Leon, despite being only 57 years old, was eligible for compulsory retirement, having exceeded the 20-year service requirement significantly.

Respondent’s Claims

De Leon countered by asserting she never consented to the retirement, arguing that the decision was made unilaterally by the petitioner. She argued that her retirement was a violation of her labor rights and emphasized that the provisions of the CBA regarding retirement did not apply to her managerial status, which granted her different protections.

Ruling of the Labor Arbiter (LA)

The Labor Arbiter ruled in favor of De Leon, determining that she held a managerial position and thus the CBA did not apply. The LA found that the compulsory retirement constituted constructive dismissal, ordered her reinstatement, and awarded back wages, benefits, and damages, while dismissing some of her monetary claims.

Ruling of the National Labor Relations Commission (NLRC)

The NLRC reversed the LA's ruling, stating that De Leon had accepted her retirement. It ruled that while she was a managerial employee—and therefore typically not covered by the CBA—the petitioner's decision to retire her was a valid exercise of management prerogative. The NLRC found that De Leon's alleged acceptance of the retirement offer was evident in her processing of the necessary Personnel Clearance.

Decision of the Court of Appeals (CA)

Upon De Leon's appeal, the CA reinstated the LA's decision, arguing that there was no evidence of her voluntary acceptance of the retirement offer. The CA highlighted that De Leon had consistently questioned her retirement and had filed a complaint against the petitioner, further contradicting any notion of voluntary retirement.

Supreme Court Decision

The Supreme Court affirmed the CA's ruling, decla

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