G.R. No. 214183 - E. GANZON, INC. (EGI)AND EULALIO GANZON, VS. FORTUNATO B. ANDO, JR..

Ruling

WHEREFORE , premises considered, judgment is hereby rendered Dismissing the complaint for illegal dismissal for lack of merit. However, respondents are ordered to pay jointly and severally complainant Fortunato Ando, Jr. a.) underpayment of salary: From 2/22/11- 4/30/11 b.) Holiday pay: From 1/21/10 - 4/30/11 c.) Service incentive leave pay: From 1/21/10 - 4/30/11 d.) Proportionate 13 th month pay From 1/1/11 - 4/30/11 The computation of the Computation and Examination Unit of this Office is made part of this Decision. SO ORDERED . [10] Both parties elevated the case to the NLRC, [11] which dismissed the appeals filed and affirmed in toto the Decision of the Labor Arbiter. Ando filed a motion for reconsideration, [12] but it was denied. Still aggrieved, he filed a Rule 65 petition before the CA, [13] which granted the same. The fallo of the Decision ordered: WHEREFORE , finding the petition to be impressed with merit, the same is hereby GRANTED . The assailed NLRC resolutions dated May 25, 2012 and July 17, 2012, are hereby ANNULLED insofar as the matter of illegal dismissal is concerned and a new judgment is hereby ENTERED declaring petitioner Fortunato Ando, Jr. illegally dismissed from work. Private respondent E. Ganzon, Inc. (EGI) is hereby ORDERED to pay petitioner Ando, Jr. his full backwages inclusive of his allowances and other benefits computed from April 30, 2011 (the date of his dismissal) until finality of this decision. EGI is further ordered to pay petitioner Ando, Jr. separation pay equivalent to one month salary. The award of petitioner Ando, Jr.'s money claims granted by the Labor Arbiter and affirmed by the NLRC is SUSTAINED . SO ORDERED.