JOSE LENI Z. SOLIDUM, VS. SMART COMMUNICATIONS, INC., NAPOLEON L. NAZARENO AND RICARDO P. ISLA.

Ruling

WHEREFORE, premises all considered, judgment is hereby rendered in favor of complainant and against respondents, as follows: 1. Declaring the 20-day extended preventive suspension of complainant from October 22, 2006 to November 10, 2005 illegal and tantamount to constructive dismissal, and ordering respondents to jointly and severally pay complainant the corresponding salaries, benefits, privileges, allowances and other incentives/bonuses during the period from October 22 to November 10, 2005, in the amount of P236,061.94; 2. Ordering respondents to jointly and severally pay the complainant's unpaid salaries, benefits, privileges, allowances, and other incentives/bonuses during the 30-day preventive suspension, in the amount of P365,896.00; 3. Declaring the dismissal of the complainant effective November 11, 2005 as illegal and ordering respondents to reinstate the complainant to his former position, immediately upon receipt of this decision, whether physically or in the payroll, at the option of the former, and failure to exercise their option within ten (10) days hereof shall place the complainant on payroll reinstatement, with payment of accrued salaries, allowances, benefits/incentives and bonuses; 4. Ordering respondents to jointly and severally pay him his full backwages, inclusive of all benefits, bonuses, privileges, incentives, allowances or their money equivalents from date of dismissal on November 11, 2005 until actual reinstatement, partially computed as follows: a. Backwages & benefits - P 2,903,561.79 b. Quarterly performance bonus - P 935,640.00 c. Monthly gas allowance - P 90,693.00 d. Monthly rice allowance - P 9,000.00 e. Monthly driver's allowance - P 68,175.00 f. 13th month pay (pro-rata) - P 265,569.68 g. Unpaid accumulated leaves 2004 & 2005- P 472,123.87 h. Smart incentive entitlement - P 7,370,250.00 5. Ordering respondents to jointly and severally pay complainant for the foregone opportunity of pursuing studies in the United Kingdom under the British Chevening Scholarship Award, in the sum of 20,189.00 British Pounds or Peso 1,982,727.37. 6. Ordering respondents to jointly and severally pay complainant moral damages in the amount of P2Million, exemplary damages in the amount of P2Million and attorney's fees equivalent to 10% of the judgment award. SO ORDERED.