G.R. No. 225544 - ROGEL N. ZARAGOZA, V. KATHERINE L. TAN AND EMPERADOR DISTILLERS, INC..

Ruling

WHEREFORE, finding merit on the causes of action set forth by complainant ROGEL N. ZARAGOZA, judgment is hereby rendered declaring his termination or dismissal from employment by respondents CONSOLIDATED DISTILLERS OF THE FAR EAST, INC./DOMINADOR D. HIDALGO, as illegal, thus: a. ordering respondents to reinstate complainant, which reinstatement is immediately executory, to his former position without loss of seniority rights and other privileges, and under the same terms and conditions prevailing prior to his dismissal, and by reason thereof, directing respondents to submit a report of compliance within ten (10) days from receipt of this decision; b. ordering respondents to pay complainant, jointly and severally, full backwages, computed from the date of his unlawful dismissal up to the time of actual reinstatement, which as of the date of this decision amount to Php362,692.25; c. ordering respondents, jointly and severally, to pay the total amount of Php36,043.69, representing complainant's monthly incentive; vacation/sick leave; 13 th month pay; and operational expenses; and d. ordering respondents, jointly and severally, to pay complainant moral and exemplary damages of Php 100,000.00; [and] e. ordering respondents, jointly and severally, to pay complainant nominal damages of Php50,000.00 (please see attached computation of monetary award forming an integral part of this decision). Other claims and charges are ordered DISMISSED finding no legal and tactual basis thereof. [4] On May 11, 2009, Condis filed its Manifestation [5] by way of compliance with the LA alleging that petitioner can no longer be reinstated as his former sales position no longer existed and there was no equivalent position to which he could be reinstated pending appeal as the company was no longer engaged in the manufacturing, selling and marketing of Emperador Brandy and other liquor products; and that the Services Agreement which Condis entered with Emperador Distillers, Inc. ( EDI ), the company that bought the former, to market, sell and make logistic services was also terminated on June 1, 2008. Condis and Hidalgo appealed the LA decision to the National Labor Relations Commission ( NLRC ). On April 13, 2010, the NLRC affirmed [6] with modification the LA decision by deleting the award of nominal damages and reducing to P50,000.00 the award of moral and exemplary damages. Their motion for reconsideration was denied in a Resolution dated July 30, 2010. They filed a petition for certiorari with the CA which issued its Decision [7] dated November 22, 2010, partly granting the petition. The CA affirmed with modification the NLRC Decision and Resolution, and absolved Hidalgo of liability and deleted the award of moral and exemplary damages. The CA denied the motion for reconsideration in a Resolution [8] dated March 7, 2011. Condis filed a petition for review with the Court, which denied it in a Resolution [9] dated June 22, 2011. The motion for reconsideration was denied i