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JurisprudenceG.R. No. 190381 -

COCA-COLA BOTTLERS PHILIPPINES, INC., VS. RODRIGO MERCADO, ANTONIO VILLERO, LUISITO MANTIBE, MARCELO FABIAN, EDMUNDO YALUNG, EDILBERTO GUEVARRA, MICHAEL GUICO, ANGEL FERNANDO, ERNESTO DELA CRUZ, EFREN FERNANDO, ROBERTO TORRES, JIMMY DUNGO, WILLY OCAMPO, SANDRO DIZON, ALLAN OCAMPO, CARLITO MANABAT, C

Cited Laws

RA 3,036,150RA 453,RA 818,RA 533,RA 2,655,550RA 291,RA 3,269,700
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TL;DR — Ruling

WHEREFORE, the Motion for Reconsideration of complainants is GRANTED. The Decision dated January 31, 2005 is SET ASIDE and VACATED, and NEW ONE entered; (a) declaring respondent Coca-Cola Bottlers Phils., Inc. as the employer of complainants; (b) finding complainants to have been dismissed illegally; (c) ordering Coca-Cola Bottlers Philippines, Inc.

Decision

Ruling

WHEREFORE, the Motion for Reconsideration of complainants is GRANTED. The Decision dated January 31, 2005 is SET ASIDE and VACATED, and NEW ONE entered; (a) declaring respondent Coca-Cola Bottlers Phils., Inc. as the employer of complainants; (b) finding complainants to have been dismissed illegally; (c) ordering Coca-Cola Bottlers Philippines, Inc. to reinstate complainants to their former positions as regular employees without loss of seniority rights and with other privileges and with payment of full backwages from the date of dismissal on June 3, 2002 until actual reinstatement; (d) declaring Romac Services & Trading Co. Inc. and Rogelio S. Cunanan General Services to be engaged in labor-only contracting; and (e) ordering respondent Coca-Cola Bottlers Phils. Inc. to pay attorney's fees at 10% of the total award. The other claims are dismissed for lack of merit. SO ORDERED.