1 In the past, petitioner held the following positions: (1) Assistant to the Director, Fare and Rates (1969); (2) Manager, Staff Service, Marketing and Sales-International (1973-1979); (3) Manager, Tariffs-IATA (1974-1977); (4) Director, Tariffs and Regulatory Matters (1977-1980); (5) Director, International Passenger Sales (1980); (6) Assistant Vice-President, Int'l. Passenger Sales; (7) Assistant Vice-President, External Affairs; (8) Officer-in-charge, Sales and Services Int'l. (1987); (9) Vice-President, Sales and Services Int'l. (1987-1988).
2 Rollo, p. 58.
3 Petitioner was charged by Romeo S. David, PAL's Senior Vice President — Corporate Services and Logistics Group, for his purported involvement in the following cases: (1) "Philwood Travel Service Account"; (2) "PR/KL Bilateral Cargo Private Agreement"; (3) "Middle Ease-United Express Case"; (4) "Block Space Agreement case"; (5) "Middle East — Abed Chamli case"; (6) "Kabash/Primavera Case"; (7) "James Oliver case"; and (8) "Volume Travel Incentive case."
4 Rollo, p. 45.
5 The dispositive portion of which reads:
"WHEREFORE, judgment is hereby rendered ordering the respondent to reinstate the complainant to his former position without loss of seniority rights. Respondent is likewise ordered to pay:
1) backwages in the amount of P1,647,000.00 up to year 1991 (without qualification);
2) P83,000.00 for medical and dental benefits up to 1991;
3) P1,580,732.00 for lost of travel benefits up to 1991;
4) Sick leave benefits amounting to P890,668.00;
5) Vacation leave credits amounting to P842,499.00;
6) Transportation benefits amounting to P144,172.00 up.
Respondent is likewise ordered to pay any and all accrued salaries and benefits starting from January 1992 until reinstatement including but not limited to backwages, travel benefits, sick leave and vacation leave benefits and transportation benefits.
With respect to the insurance coverage, respondent is hereby ordered to reinstate such coverage to the complainant or in the alternative pay him the fact value thereof amounting to P3,000,000.00.
Moral damages is hereby awarded to the complainant in the amount of P15,000,000.00. Exemplary damages in the amount of P5,000,000.00 and attorney's fees equivalent to 10% of the total monetary claims.
6 P.D. 902-A, Section 5, provides: "In addition to the regulatory and adjudicative functions of the Securities and Exchange Commission over corporations, partnerships and other forms of associations registered with it as expressly granted under existing laws and decrees, it shall have original and exclusive jurisdiction to hear and decide cases involving.
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(c) Controversies in the election or appointments of directors, trustees, officers or manager of such corporations, partnerships or associations." (Emphasis supplied.)
7 G.R. No. 107660, January 2, 1995.
8 G.R. No. 109642-43, January 5, 1995.
9 Petitioner's counsel, the law firm of Tanjuatco, Corpus, Tanjuatco, Tagle-Chua, Cruz and Aquino, was also the counsel of Lozon and Espino.
10 Lozon v. NLRC, et. al., 310 Phil. 1, 10, citing Macapalan v. Katalbas-Moscardon, 227 SCRA 49 (1993); Viray v. Court of Appeals, 191 SCRA 308 (1990) and Union Glass and Container Corporation v. Securities and Exchange Commission, 126 SCRA 31 (1983).
11 Espino v. NLRC, 310 Phil. 61, 74; See Andaya v. Abadia, 228 SCRA 705 .
12 Position Paper for PAL, p. 3; Rollo, p. 111.
13 La Naval Drug Corporation v. Court of Appeals, 236 SCRA 78, 90 , citing Roxas v. Rafferty, 37 Phil. 957; Corona v. Court of Appeals, 214 SCRA 378 ; Javier v. Court of Appeals, 214 SCRA 572 ; Southeast Asian Fisheries Development Center-Aquaculture Department v. National Labor Relations Commission, 206 SCRA 283 ; People v. Eduarte, 182 SCRA 750 .