G.R. NO. 164561 - CATHAY PACIFIC STEEL CORPORATION, BENJAMIN CHUA JR., VIRGILIO AGERO, AND LEONARDO VISORRO, JR., VS. HON. COURT OF APPEALS, CAPASCO UNION OF SUPERVISORY EMPLOYEES (CUSE) AND ENRIQUE TAMONDONG III.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, petitioners maintained their argument that the dismissal of private respondent Tamondong was perfectly valid based on loss of trust and confidence because of the latter's active participation in the affairs of the union. On 7 August 1998, Acting Executive Labor Arbiter Pedro C. Ramos rendered a Decision in favor of private respondent Tamondong, decreeing as follows: WHEREFORE, premises considered, judgment is hereby rendered finding [petitioner CAPASCO] guilty of unfair labor practice and illegal dismissal. Concomitantly, [petitioner CAPASCO] is hereby ordered: To cease and desist from further committing acts of unfair labor practice, as charged; To reinstate [private respondent Tamondong] to his former position without loss of seniority rights and other privileges and his full backwages inclusive of allowances, and to his other benefits or their monetary equivalent, computed from the time his compensation was withheld from him up to the time of his actual reinstatement, and herein partially computed as follows: a) P 167,076.00 - backwages from February 7, 1997 to August 7, 1998; b) P 18,564.00 - 13 th month pay for 1997 and 1998; c) P 4,284.00 - Holiday pay for 12 days; d) P 3,570.00 - Service Incentive Leave for 1997 and 1998. P 193,494.00 - Total partial backwages and benefits. [11] Aggrieved, petitioners appealed the afore-quoted Decision to the NLRC. On 25 August 1999, the NLRC rendered its Decision modifying the Decision of the Acting Executive Labor Arbiter Pedro C. Ramos, thus: WHEREFORE, premises all considered, the decision appealed from is hereby MODIFIED: a) Dismissing the Complaint for Illegal Dismissal filed by [private respondent Tamondong] for utter lack of merit; b) Dismissing the Complaint for Unfair Labor Practice for lack of factual basis; c) Deleting the awards to [private respondent Tamondong] of backwages, moral and exemplary damages, and attorney's fees; d) Affirming the awards to [private respondent Tamondong], representing 13th month pay for 1997 and 1998, holiday pay for 12 days, and service incentive leave for 1997 totaling P 26,418.00; and e) Ordering the payment of backwages to [private respondent Tamondong] reckoned from 16 September 1998 up to the date of this Decision. [12] Petitioners filed a Motion for Clarification and Partial Reconsideration, while, private respondent Tamondong filed a Motion for Reconsideration of the said NLRC Decision, but the NLRC affirmed its original Decision in its Resolution [13] dated 25 November 1999. Dissatisfied with the above-mentioned Decision of the NLRC, private respondents Tamondong and CUSE filed a Petition for Certiorari under Rule 65 of the Rules of Court before the Court of Appeals, alleging grave abuse of discretion on the part of the NLRC. Then, the Court of Appeals in its Decision dated 28 October 2003, granted the said Petition. The dispositive of which states that: WHEREFORE, premises considered, the instant Petition for Certiorari is GRANTED and the here