G.R. NO. 162850 - MAXI SECURITY AND DETECTIVE AGENCY, REPRESENTED BY ITS OWNER ROLANDO P. OCHOA, VS. NATIONAL LABOR RELATIONS COMMISSION, SECOND DIVISION, AND GERMAN GUSI.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the respondents are hereby ordered to reinstate the complainant without loss of seniority rights and other privileges and to pay his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (Article 279, Labor Code) The respondents are likewise ordered to pay the complainant 13 th month pay and service incentive leave pay for the period of his employment. The complainant's backwages up to the date of this Decision and other monetary awards as computed by Ms. Leonisa G. Lodronio of the Commission's Computation and Examination Unit NCR South Sector are the following: A. Backwages; 1. Basic: 10/05/97-02/05/98 = 185.00x30x4.00 = 22,200.00 02/06/98-10/30/99 = 198.00x30x20.80 = 123,552.00 10/31/99-11/15/99 = 223.50x30x.46 = 3,084.30 148,836.30 2. 13th Month Pay: 10/05/97-02/05/98 = 22,200.00/12 = 1,850.00 02/06/98-10/30/99 = 123,552.00/12 = 10,296.00 10/31/99-11/15/99 = 3,084.30/12 = 257.03 12,403.03 3. SILP: 10/05/97-12/31/97 = (185.00x5)2.87/12 = 221.23 01/01/98-12/31/98 = (198.00x5) = 990.00 01/01/99-11/15/99 = (223.50x5)10.5/12 = 977.81 2,189.04 163,428.37 B. 13 th Month Pay: 04/04/95-10/04/97 = 165.00 x 30 x 30/12 = 12,375.00 C. SILP: 04/04/95-10/04/95 = (165.00x5) 30/12 = 2,062.50 TOTAL = = = = = = = = = = = = = = = = P177,865.87 Article 223 of the Labor Code in part provides that, "In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for reinstatement provided herein." Accordingly, the respondents are directed to reinstate the complainant when he reports for work by virtue of this Decision. Other claims are hereby dismissed for lack of evidence. SO ORDERED.