G.R. No. 171303 - ELIZABETH L. DIAZ, VS. GEORGINA R. ENCANTO, ERNESTO G. TABUJARA, GEMINO H. ABAD AND UNIVERSITY OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered in favor of plaintiff and against defendants: 1. Ordering defendants, except Abueva, to pay plaintiff, jointly and severally, the amount of P133,665.50 representing the total unpaid salaries from July 1, 1988 to May 31, 1989 and from July 16, 1989 to May 31, 1990 to be covered by corresponding certificate of service, with legal rate of interest from the date of this Decision until its full payment. 2. Ordering defendants, except the University and Abueva, to pay plaintiff, jointly and severally, the amount of P300,000.00 as moral damages. 3. Ordering defendants, except the University and Abueva, to pay plaintiff, jointly and severally, the amount of P60,000.00 as exemplary damages. 4. Ordering defendants, except the University and Abueva, to pay plaintiff, jointly and severally, the reduced amount of P50,000.00 as and by way of attorney's fees. 5. Costs of suit. The counterclaims filed by defendant Tabujara are DISMISSED. [11] The RTC, ruling that a sabbatical leave is not a right but a privilege, held that petitioner Diaz was entitled to such privilege and found that the delay in the_resolution of her application was unreasonable and unconscionable. However, on September 17, 1996, the RTC, in denying the Motions for Reconsideration of the respondents in said case, also amended its earlier decision by absolving respondent Encanto from any liability, to wit: WHEREFORE, judgment is hereby rendered in favor of plaintiff and against defendants: 1. Ordering defendants, except Abueva and Encanto, to pay plaintiff, jointly and severally, the amount of P133,665.50 representing the total unpaid salaries from July 1, 1988 to May 31, 1989 and from July 16, 1989 to May 31, 1990 to be covered by corresponding certificate of service, with legal rate of interest from the date of this Decision until its full payment. 2. Ordering defendants, except the University, Abueva and Encanto, to pay plaintiff, jointly and severally, the amount of P300,000.00 as moral damages. 3. Ordering defendants, except the University, Abueva and Encanto, to pay plaintiff, jointly and severally, the amount of P60,000.00 as exemplary damages. 4. Ordering defendants, except University, Abueva and Encanto, to pay plaintiff, jointly and severally, the reduced amount of P50,000.00 as and by way of attorney's fees. 5. Costs of suit. The counterclaims filed by defendant Tabujara are DISMISSED. [12] The RTC dismissed the claim of petitioner Diaz against respondent Encanto on the ground that her function was purely recommendatory in nature. It held that she was not instrumental in the unreasonable and unconscionable delay in the resolution of petitioner Diaz's sabbatical application as she transmitted her recommendation to Abueva within eighteen days from her receipt of such application. [13] Petitioner Diaz [14] and respondents Tabujara, [15] U.P., Abad [16] and even Encanto [17] appealed the RTC's ruling to the Court of Appeals. As respondent Encanto was