, VS. COMMISSION ON AUDIT, NATIONAL POWER CORPORATION (NPC) AND POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION (PSALM)

Ruling

Accordingly, the terminated/separated NPC employees have the right to reinstatement or separation pay in lieu or reinstatement, pursuant to a validly-approved separation program, backwages, wage adjustments, and all other benefits accruing from January 31, 2003 until actual reinstatement or payment of separation pay, less the amount of separation benefits previously received in favor of the counsels, Attys. Cornelio P. Aldon and Victoriano V. Orociao, in accordance with the Labor Code. On October 10, 2008, the SC Decision dated September 26, 2006 became final and executory, and an Entry of Judgment thereof was made on October 27, 2008. In a Resolution dated December 10, 2008, the SC granted the motion for execution, and directed the Chairman and Members of the NPB and the President of NPC to prepare a verified list of the names of all NPC employees terminated/separated as a result of the implementation of NBP Resolution Nos. 2001-124 and 2002-125, and pay or cause to be paid immediately the amounts due to affected NPC employees including 12% legal interest. Likewise, the SC directed the Office of the Clerk of Court and ex-officio Sheriff of the Regional Trial Court (RTC) of Quezon City (QC) to issue a Writ of Execution based on the list submitted by NPC and undertake all necessary actions to execute the decision and resolution. Citing willful failure of the NPB and NPC to comply with the Resolution dated December 10, 2008, the terminated/separated NPC employees, in a Manifestation with Urgent Omnibus Motions dated February 9, 2009, moved for the garnishment and/or levy of NPC assets, including but not limited to the assets of PSALM, for the satisfaction of the judgment. This prompted PSALM to file before the SC a Manifestation on February 25, 2009 to stress that it is not bound by the judgment rendered since it is not a party in the case. Moreover, PSALM pointed out that the EPIRA does not allow garnishment and levy of its assets to satisfy the judgment against NPC since it is not one of those liabilities transferred to and assumed by it at the effectivity of the EPIRA. [3] G.R. 253395 Members of the NPC DAMA, NPC NEWU-Northern Luzon Regional Center, and other employees filed a petition for injunction before this Court, docketed as G.R. No. 156208, praying that NPB Resolution No. 2002-124 and NPB Resolution No. 2002-125 both be declared void. Their main argument was that the resolutions were passed without the majority of the NPB present. They allege that only three out of the nine members were actually there at the meeting. The other attendees at the meeting were merely representatives or designated alternates of the actual members. [4] While the case was pending, however, the NPC proceeded with terminating its employees starting on January 31, 2003. [5] On September 26, 2006, the Court promulgated its Decision in G.R. No. 156208, [6] granting the petition for injunction and declaring NPB Resolution No. 2002-124 and No. 2002-125 void ( 2006 Deci