Requirements for a Notarized Quitclaim & Waiver upon Resignation (Philippines)

TL;DR. A quitclaim and waiver is a receipt-and-release you sign when leaving a job. Notarization isn’t what makes it valid—voluntariness, adequate consideration, and clear terms do. Notarization mainly boosts evidentiary weight. You can’t validly waive future claims or non-negotiable statutory rights (e.g., minimum wage, OT). Courts will strike down quitclaims that are coerced, unclear, or unconscionably low.

1) What a quitclaim & waiver is (and isn’t)

Purpose. A private document by which an employee acknowledges receipt of final pay/benefits and releases the employer from claims up to the date of separation.
Common timing. Executed at clearance/final pay stage after a resignation (also used for retirements, authorized causes, settlements).
Not a magic shield. It does not automatically bar later complaints if the waiver was involuntary, vitiated by fraud/mistake/duress, ambiguous, or supported by grossly inadequate consideration.

2) Core legal principles (high level)

Labor policy. Waivers of labor rights are viewed with caution. However, a quitclaim is not invalid per se.
Supreme Court doctrine (illustrative): Cases like Periquet v. NLRC and many successors teach that quitclaims are respected only if:
1. the employee signed freely (no force, intimidation, or undue pressure);
2. the consideration is reasonable and credible (not “token” or unconscionable);
3. the terms are clear, unequivocal, and fully understood; and
4. the agreement is not contrary to law, morals, or public policy.
Non-waivable entitlements. You cannot validly waive rights the law treats as mandatory minimums (e.g., minimum wage, OT differentials, service incentive leave minimum, basic OSH protections).
Future/unknown claims. Waivers generally cover existing, known claims up to signing. “All claims present and future” language is construed narrowly.

3) Is notarization required?

No. A quitclaim is valid between the parties even if unnotarized (assuming the elements above are present).
Why notarize then? Notarization converts it to a public document, which:
- carries a presumption of due execution;
- is self-authenticating in evidence; and
- helps avoid authenticity disputes (e.g., “forged signature” defenses).
Company practice. Many employers require notarization before releasing final pay as a risk-management policy, not because the law makes notarization a validity requirement.

4) Typical contents of a sound quitclaim

Parties (full names, positions, IDs)
Employment details (start date, last working day, reason: resignation)
Consideration (specific peso amounts and itemized breakdown):
- unpaid wages up to last day
- pro-rated 13th-month pay
- monetized leave (if policy/CBA allows)
- allowances/bonuses already earned
- any company-granted separation/resignation gratuity (if any)
Clear receipt language (employee acknowledges having actually received the amounts on a stated date/mode)
Release clause (releasing the employer from claims up to the effectivity date)
Voluntariness clause (no force, intimidation, or undue influence; ample time to review)
Understanding clause (employee read and understood; may have consulted counsel)
Non-admission clause (employer denies wrongdoing)
Savings clause (waiver does not cover non-waivable statutory rights or pending cases, if any)
Governing law/venue (Philippine law; agreed venue for disputes)
Signature blocks (employee and employer representative)
Notarial acknowledgment (if notarized)

Pro tip: Courts heavily favor specific numbers and plain Filipino/English over boilerplate. Attach a computation sheet.

5) Formal notarization requirements (practical)

Personal appearance before a duly commissioned Notary Public in the notary’s territorial jurisdiction.
Presentation of competent evidence of identity (e.g., government ID with photo/signature).
Signature in the notary’s presence; notary completes the acknowledgment with date, roll number, commission details, and seal; entry in notarial register.
Attachments commonly kept: ID photocopy, clearance form, payroll computation/receipt page.

Note: Notarization fees are usually borne by the employer as a matter of practice, but that’s a policy choice, not a legal rule.

6) What cannot be demanded (or should be resisted)

“No quitclaim, no final pay” as an indefinite withholding tactic. While companies often condition release on clearance paperwork, using a quitclaim to permanently deny already-earned wages or 13th month is risky.
Overbroad gags/non-disparagement that chill legitimate rights (e.g., to file a complaint).
Non-compete/non-solicit add-ons that are overbroad in time, territory, or scope (these are separately judged on reasonableness).
Blank amounts or “to be computed later” language—never sign such forms.

7) Employer checklist (resignations)

✅ Provide final pay computation (itemized, with dates and bases).
✅ Allow review time and the option to consult counsel.
✅ Use clear bilingual wording; avoid legalese.
✅ If notarizing, schedule a notary; ensure IDs and originals are on hand.
✅ Keep proof of payment (bank advice, receipts).
✅ Respect statutory minimums and any CBA/policy promises.

8) Employee checklist (before signing)

🔎 Read each clause; ensure the numbers are correct.
🧾 Ask for the computation sheet and how each figure was derived.
✍️ Cross-out or annotate overbroad waivers (e.g., “future claims”).
🗓️ Check that the period covered ends on your last working day only.
🧑‍⚖️ If in doubt, seek advice; you can request time to review.
📑 Keep your own copy with notarial page and attachments.

9) Taxes & government deductions (quick notes)

Resignation-based payments (e.g., wage balances, bonuses, monetized leave if employer policy allows) are generally taxable/withheld, subject to normal payroll rules.
Statutory deductions (SSS, PhilHealth, Pag-IBIG) continue to apply to compensation items; purely ex-gratia separation gratuities may be treated differently depending on tax rules and facts.
Always ask HR for your BIR Form 2316 after year-end for tax reconciliation.

(This is general guidance; specific tax treatment depends on the nature of each item and current revenue regulations.)

10) Frequently asked questions

Q: Can I still file a case after signing a notarized quitclaim? A: Yes, if you can show the quitclaim was involuntary, obtained through fraud/mistake/duress, unclear, or the consideration was unconscionably low. Courts examine the totality of circumstances.

Q: Must the amounts equal everything I could recover in litigation? A: Not exactly—but they must be reasonable and not shockingly low versus what is undisputedly due.

Q: Can a quitclaim waive my claims for future wage orders or benefits not yet accrued? A: No. Waivers generally cover existing, known claims up to signing.

Q: Is a witness required? A: Not legally required for validity, but witness/es can help prove voluntariness.

Q: English or Filipino? A: Use the language you fully understand. If bilingual, provide both.

11) Sample form (editable template)

Release, Waiver, and Quitclaim I, [Full Name], Filipino, of legal age, with address at [Address], formerly employed as [Position] by [Company] (“Company”), hereby state:

I resigned effective [Last Working Day].

I acknowledge receipt today of ₱[Amount in figures] ([Amount in words]) as full and final payment of the following:

Unpaid wages/salary (from [date] to [date]): ₱[ ]

Pro-rated 13th-month pay: ₱[ ]

Monetized unused leave (if applicable): ₱[ ]

Other earned benefits/allowances (specify): ₱[ ] Total: ₱[ ]

For and in consideration of the foregoing, I release and discharge the Company, its directors, officers, and employees from any and all claims up to [Last Working Day] arising from my employment, except claims that cannot legally be waived.

I declare I read and understood this document, signed it voluntarily, and had opportunity to consult counsel.

This waiver does not cover (a) rights which by law cannot be waived, and (b) claims arising after [Last Working Day]. Signed this [date] at [city], Philippines.

[Employee Name] | ID: [ID details]

Conforme:

[Company Rep], Title: [ ]

ACKNOWLEDGMENT Republic of the Philippines ) City/Municipality of [ ] ) S.S. Before me, a Notary Public for and in [Province/City], this [date], personally appeared [Employee Name], with [ID type & no., validity], known to me and who acknowledged that the foregoing instrument is his/her free and voluntary act and the voluntary act of the entity represented. Notary Public Doc. No. __; Page No. __; Book No. __; Series of __.

12) Practical timelines & handover

Resignation notice: Typically 30 days prior (unless both sides agree otherwise or a different period applies).
Clearance: Return company property, finalize handover.
Computation & execution: HR prepares itemized final pay and quitclaim; notarization (if required by policy).
Records: Employee gets original or certified copy; employer keeps copy with computation and proof of payout.

13) Remedies if things go wrong

If coerced/underpaid: You may (a) write a demand letter, (b) seek assistance from the DOLE Single Entry Approach (SEnA) for conciliation-mediation, or (c) file a case with the NLRC. Keep copies of emails, payslips, clearance, and the quitclaim itself.
If the employer withholds wages/13th month indefinitely pending quitclaim: Document the withholding and seek DOLE assistance.

Final note

This article is general information for the Philippine setting and not a substitute for legal advice. Facts matter—if you want, tell me your scenario (dates, amounts, what HR offered), and I’ll tailor the template language and a review checklist for you.