PHILIPPINE PHOSPHATE FERTILIZER CORPORATION (PHILPHOS), VS. ALEJANDRO O. MAYOL, MANUEL A. TABUCANON, JOELITO J. BELTRAN, ALEJO P. PORRAS, AGAPITO M. PASANA, PETER T. SUELTO, SERGIO D. MERINO, DANILO S. SALEM, EMELYN B. CORTON, EUGENIO G. CASTRO, HERMINIGILDO

Ruling

accordingly received their separation pay from Philphos. [12] However, Alejandro Mayol (Mayol) and Joelito Beltran (Beltran) did not receive their separation pay due to their refusal to process their employment clearance. [13] On July 10, 2007, the first group of employees led by Mayol (Mayol Group) filed a complaint for unfair labor practice, illegal dismissal, payment of separation pay differentials, retirement benefits, with moral and exemplary damages, and attorney's fees. [14] Rulings of the Labor Tribunals On May 28, 2008, Executive Labor Arbiter Jesselito B. Latoja (LA Latoja) dismissed the complaint filed by the Mayol group. LA Latoja declared that Philphos' retrenchment program was valid. He noted that Philphos sufficiently established that it sustained a loss of P1.9 billion. It submitted its balance sheets as of December 3, 2006 and 2005, statement of income, statement of charges in stockholder's equity and statement of cash flows. The audit was undertaken by an independent external auditor. [15] Likewise, Philphos informed the workers of the retrenchment, [16] and paid them separation pay equivalent to 100 percent of their monthly salary. [17] LA Latoja disposed of the case as follows: WHEREFORE, the instant Complaint is hereby DISMISSED for lack of merit. Complainants Alejandro Mayol and Joelito Beltran can collect their separation pay from [Philphos] upon completion of their employment clearances. SO ORDERED.