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though he got the third highest rating in his unit. The criteria
for retrenchment were arbitrarily applied. THe petitioners are
thus entitled to reinstatement will full backwages,
HOWEVER, the amounts received as net separation pay
should be deducted from their back wages.
5. LASTLY, the Court held that the petitioners are not
estopped to file a complaint for illegal dismissal despite
signing a Deeds or Release and Quitclaims. Even though the
petitioners are supervisors and not rank-and-fuled employees,
it does not make them less susceptible to financial offers,
faced as they were with the prospect of unemployment.
Petitioners claim that economic necessity constrained them to
accept Philexs monetary offer and sign the Deeds of Release
and Quitclaims..