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JurisprudenceG.R. No. 158606 -

G.R. No. 158606 - BENGUET ELECTRIC COOPERATIVE AND GERARDO P. VERZOSA, VS. JOSEPHINE FIANZA. DECISION - Supreme Court E-Library

Cited Laws

RA 141RA 25RA 164,RA 485RA 139RA 164
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TL;DR — Ruling

WHEREFORE, the instant petition for certiorari is hereby granted. The assailed Resolutions of the NLRC dated September 18, 2000 and December 22, 2000 are hereby REVERSED AND SET ASIDE. The private respondents are directed to: a) Immediately reinstate the Petitioner to her previous position, without loss of seniority and other benefits; b) Pay all backwages and other benefits that she was not able to collect [by] reason of her illegal termination. SO ORDERED.

Decision

Ruling

Accordingly, the Labor Arbiter ruled that Fianzas claim that she had been constructively dismissed was unmeritorious. [21] Upon Fianzas appeal, the NLRC Third Division affirmed the Labor Arbiters Decision. [22] Fianzas Motion for Reconsideration was denied on December 22, 2000. [23] On April 2, 2001, Fianza filed a petition for certiorari with the Court of Appeals, alleging grave abuse of discretion on the part of the NLRC. [24] On November 29, 2002, the Court of Appeals rendered judgment reversing the resolution of the NLRC, [25] the dispositive portion of which reads: WHEREFORE, the instant petition for certiorari is hereby granted. The assailed Resolutions of the NLRC dated September 18, 2000 and December 22, 2000 are hereby REVERSED AND SET ASIDE. The private respondents are directed to: a) Immediately reinstate the Petitioner to her previous position, without loss of seniority and other benefits; b) Pay all backwages and other benefits that she was not able to collect [by] reason of her illegal termination. SO ORDERED.