G.R. NO. 151818 - ORIENTAL PETROLEUM AND MINERALS CORPORATION, VS. MARCIANO V. FUENTES, ROGER B. BELO, REYNOLD P. GACULA, ALBERTO P. RODRIGUEZ, NESTOR L. MESINA, MA. LOURDES P. BUENAVISTA, AND LUZVIMINDA M. DE CASTRO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, viewed from the foregoing considerations, judgment is hereby rendered finding the retrenchment of all the herein complainants not legal and just, thus their termination inevitably becomes illegal. Accordingly, respondent Oriental Petroleum & Minerals Corporation (OPMC) is hereby ordered to pay all the complainants their full backwages and all appurtenant benefits from the time of their dismissal on July 4, 1994 including loyalty bonus and the cash equivalent of their accrued vacation and sick leave credits. In lieu of reinstatement however, respondent OPMC is hereby ordered to pay each complainant their separation pay equivalent to one (1) month gross salary per year of service, a fraction of at least six (6) months equivalent to one (1) whole year, the total award computed as follows: ... exclusive of the award of loyalty bonus prevailing at the time of complainants separation and the updated balances of complainants["] accrued vacation and sick leave, also reckoned as of July 4, 1995. Attorney's fees equivalent to ten percent (10%) of the total monetary award is likewise awarded to the complainants. The claim for damages is hereby dismissed for lack of merit. All individual respondents are hereby absolved of personal liability for they acted only in their official capacity. SO ORDERED.