Republic of the Philippines
G.R. No. 193789 September 19, 2012
ALEX Q. NARANJO, DONNALYN DE GUZMAN, RONALD V. CRUZ, ROSEMARIE P. PIMENTEL, and ROWENA B. BARDAJE, Petitioners,
BIOMEDICA HEALTH CARE, INC. and CARINA "KAREN" J. MOTOL, Respondents.
D E C I S I O N
VELASCO, JR., J.:
This Petition for Review on Certiorari under Rule 45 seeks to annul the June 25, 20101
Decision and September 20, 20102 Resolution of the Court of Appeals (CA) in CA-G.R. SP No. 108205, finding that petitioners were validly dismissed. The CA Decision overturned the Decision dated November 21, 20083 of the National Labor Relations Commission (NLRC) and reinstated the Decision dated March 31, 20084 of Labor Arbiter Ligerio V. Ancheta.
WHEREFORE, in view of the foregoing, judgment is hereby rendered modifying the assailed Decision of the Labor Arbiter dated March 31, 2008;
(a) DECLARING the Complainants to have been illegally dismissed for lack of just cause;
(b) ORDERING Respondents jointly and solidarily to pay Complainants separation pay in lieu of reinstatement computed on the basis of one (1) month pay for every year of service from date of employment up to November 29, 2006 (the date of complainants illegal dismissal);
(c) ORDERING Respondents jointly and solidarily to pay Complainants backwages from November 29, 2006 up to the finality of this Decision;
(d) ORDERING the Respondents jointly and solidarily to pay Complainants the following:
1. Unpaid salary for the period 08-15 November 2006;
2. Pro-rated 13th month pay for 2006;
3. Service Incentive Leave for 2006 (except for complainant Bardaje );
4. Unpaid commissions based on their sales for the years 2005 and 2006; and
5. Nominal damages in the amount of PhP 30,000 each.
(e) ORDERING the Respondents jointly and solidarily to pay Complainants attorney's fees in the amount of I 0% of the total award of monetary claims.
All other claims and counterclaims are dismissed for lack of factual and legal basis.
The NLRC is ordered to recompute the monetary awards due to petitioners based on the aforelisted dispositions deducting from the awards to Naranjo and Pimentel their cash advances of Ph₱ 4,750.00 and Ph₱ 4,500.00, respectively.
PRESBITERO J. VELASCO, JR.
DIOSDADO M. PERALTA
|ROBERTO A. ABAD
|JOSE PORTUGAL PEREZ*
JOSE CATRAL MENDOZA
A T T E S T A T I O N
I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Courtís Division.
PRESBITERO J. VELASCO, JR.
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Courtís Division.
MARIA LOURDES P. A. SERENO
* Additional member per Special Order K'. 1299 dated August 28, 2012.
1 Rollo, pp. 55-63. Penned by Associate Justice Florito S. Macalino and concurred in by Associate Justices Juan Q. Enriquez and Ramon M. Bato, Jr.
2 Id. at 64.
3 Id. at 314-329. Penned by Commissioner Gregorio 0. Bilog, III and concurred in by Commissioners Lourdes C. Javier and Pablo C. Espiritu.
4 Id. at 265-282.
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