G.R. No. 108311 -

Ruling

WHEREFORE, IN VIEW OF THE FOREGOING, judgment is hereby rendered declaring the dismissal of complainant Jose Gabisay and Sabina Gomez as ILLEGAL, and ordering respondent Paratroopers Security Agency, Inc. to pay their separation pay equivalent to one month pay per year of service based on the minimum wage at the time of their dismissal on July 22, 1987 or in the amount of P3,957.87 (P40.50 x 390.90 /12) for each of them. Further, respondents Paratroopers Security Agency, Inc. and Bislig Water District are hereby ordered to pay jointly and severally to each of the complainants their: Salary Differential --------- 14,338.99; Emergency Cost of Living Allowance --------- 11,962.92; 13 th Month Pay --------- 2,411.90; Incentive Leave Pay --------- 382.50 or in the total sum of fifty-eight thousand one hundred ninety-two and 62/100 pesos (P58,192.62)." [10] Both parties appealed from said decision. Petitioners contended that the proper relief was reinstatement with full back wages, and other monetary benefits, and likewise prayed for execution pending appeal. On May 28, 1992, the NLRC issued a resolution reversing the decision of the labor arbiter. It found that petitioners were temporarily relieved from duties for violating basic rules and regulations in not wearing their uniforms while on duty. It ruled that petitioners were at fault in subsequently not reporting back to work. With respect to Gabisay, acceptance of employment from another agency, while still presently employed with Paratroopers was a just cause for his termination. It further decided that the labor arbiter committed grave abuse of discretion in inquiring about the validity of the affidavit of desistance, which had been previously submitted, passed and ruled upon by the Regional Director. It declared petitioners guilty of forum shopping in filing their money claims with the Regional Director, entering into a compromise and later on re-filing the claim before the labor arbiter. It ordered respondents jointly and severally to pay wage differentials amounting to P1,530.58 to Gabisay, and P1,396.83 to Gomez. By order dated October 14, 1992, the NLRC denied petitioners motion for reconsideration, for lack of merit. Hence, this petition for certiorari . The factual findings of labor officials are generally accorded respect and even finality when supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. [11] However, we deem it necessary to re-examine the ruling of the NLRC that the petitioners were illegally dismissed. We reverse the ruling. We uphold the findings of the Labor Arbiter. The record reveals that there is a material discrepancy on the dates of the commission of the violations of petitioner Gabisay and the date of his employment with another security agency. Petitioner Gabisay was employed with United Fields Sea Watchmen and Checker's Agency on August 1, 1987. Respondent Paratroopers contends