G.R. No. 225044 - MANILA DOCTORS COLLEGE AND TERESITA O. TURLA, VS. EMMANUEL M. OLORES.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, LA Amansec ordered petitioners to reinstate respondent as faculty member under the same terms and conditions of his employment, without loss of seniority rights, but denied payment of backwages on the grounds that (1) no malice or bad faith attended respondent's dismissal, (2) respondent had showed disrespect to his superior by writing a letter containing disrespectful remarks, and (3) respondent failed to inform or discuss with said superior his decision to depart from the guidelines in giving grades. [20] LA Amansec specifically stated in his December 8, 2010 Decision that, "[MDC] is hereby ordered to reinstate [respondent] as faculty member under the same terms and conditions of his employment, without loss of seniority rights but without backwages. However, instead of being reinstated, [respondent] is hereby given the option to receive a separation pay equivalent to his full month's pay for every year of service, a fraction of at least six months to be considered a full year or the amount of P100,000.00 (his monthly salary of P20,000.00 multiplied by the equivalent of five years' service)." [21] Petitioners filed an appeal [22] before the NLRC, docketed as NLRC LAC No. 01-000197-11, which was initially dismissed for non-perfection in a Resolution [23] dated February 10, 2011. However, upon motion for reconsideration, [24] the NLRC, in a Decision [25] dated September 30, 2011, reinstated and granted the appeal and, accordingly, reversed the December 8, 2010 Decision of LA Amansec and dismissed the complaint a quo for lack of merit. He found respondent guilty of serious misconduct when he defied the prescribed grading system and arbitrarily adjusted the grades of his students. [26] Separately, the NLRC ordered the payment to respondent of service incentive leave pay for a period of 3 years, considering petitioners' failure to prove payment thereof. [27] On January 11, 2012, while the case was pending appeal, [28] respondent filed a Motion for Issuance of Writ of Execution [29] seeking to collect ( a ) the service incentive leave pay ordered in the September 30, 2011 Decision of the NLRC, and ( b ) the equivalent wages from the issuance of the December 8, 2010 Decision of LA Amansec ordering reinstatement until the finality of the September 30, 2011 Decision of the NLRC reversing the LA, or on November 5, 2011, as per Entry of Judgment [30] dated December 5, 2011. [31] The LA Ruling In an Order [32] dated October 23, 2012, LA Romelita N. Rioflorido (LA Rioflorido) granted respondent's motion and ordered the issuance of a writ of execution for the total amount of P213,076.92 computed as follows: a. Reinstatement Backwages (Dec. 8, 2010- Oct. 8, 2011) 10 mos. x P20,000.00 = P 180,000.00 (Oct. 9, 2011- Nov. 5, 2011) 28 days x P20,000.00/26 = 21,538.46 P 201,538.46 b. Service Incentive Leave Pay P20,000.00/26 x 5 days x 3 years = P 11,538.46 P 213,076.92 LA Rioflorido emphasized that an order of reinstatement entitles an employee to rec