G.R. No. 104860 - CITYTRUST BANKING CORPORATION, VS. NATIONAL LABOR RELATIONS COMMISSION, AND MARIA ANITA RUIZ.

Ruling

WHEREFORE, respondent is hereby ordered to reinstate complainant to the position of Resident Inspector and should this not be possible as it appears (that) the position is already filled up (,) to relocate complainant to a substantially equivalent position with all the emoluments and privileges of a Resident Inspector. Respondent is hereby further ordered to pay complainant P9,040.00 as transportation allowance from November 8, 1974 to August 13, 1978 and P1,150.00 mid-year bonus for 1974 in addition to the benefits embodied in the report. On October 14, 1980, the NLRC affirmed the Labor Arbiter's order with modification by ordering the following to be added to the award: (a) Her vacation and sick leave privilege during the period of her separation in accordance with the disposition hereinbefore stated in the body of this Resolution, and (b) the normal increases which complainant would have received during the period of her separation. Petitioner brought the matter to this Court, but its petition was dismissed. [1] In connection with the computation of the award in her favor, private respondent sought the production of the bank's payrolls for 1974-1981. Her motion was opposed by petitioner which offered instead P74,344.00, the total amount of backwages as computed by the socio-economic analyst of the Department of Labor, plus P9,040.00 in transportation allowance and P1,050.00 mid-year bonus for 1974. Private respondent refused the offer, hence the NLRC directed the analyst to compute the award on the basis of the payrolls from 1974 to 1981. Petitioner appealed to the NLRC en banc, but its petition was dismissed, on the ground that the order appealed from was interlocutory. Petitioner filed a petition for Certiorari and Prohibition with this Court, assailing the dismissal of its appeal. Again its petition was dismissed for lack of merit. [2] On November 12, 1984, upon motion of private respondent, the NLRC issued a writ of execution of the award of P1,219,520.52. A notice of garnishment was also issued on November 19, 1984 against petitioner. But on petitioner's motion, the NLRC enjoined execution in its order on November 22, 1984, pending the reconstitution of records and recomputation of petitioner's liability. On May 28, 1985, the socio-economic analyst of the DOLE submitted a computation of the monetary award due private respondent, consisting of (1) backwages from November 8, 1974 to August 13, 1978 and (2) salary differentials (erroneously referred to as backwages) for the period August 14, 1978 to October 31, 1984 and transportation allowance and mid-year bonus. The total amount found due private respondent was P1,304,054.52, computed as follows: Backwages and other fringe benefits from August 14, 1978 up to October 31, 1984, per computation embodied in the Urgent Motion for Issuance of Writ of Execution . . . P1,219,520.52 [3] Backwages and other fringe benefits from November 8, 1974 up to August 13, 1978, per report dated August 28, 1979