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JurisprudenceG.R. No. 194119 -

G.R. No. 194119 - SONIA F. MARIANO, VS. MARTINEZ MEMORIAL COLLEGES, INC., AND/OR FERDINAND A. MARTINEZ/ DR. ELIZABETH M. DEL RIO.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 554,RA 558
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TL;DR — Ruling

WHEREFORE , Judgment is hereby rendered declaring the dismissal of the [petitioner] as illegal. Respondent [MMC] is [h]ereby ordered to pay [the petitioner] her backwages from date of dismissal to date of decision in the amount of PI00,000.00; separation pay in the amount of P800,000.00, and attorney's fees equivalent to 10% of the total award.

Decision

Ruling

WHEREFORE , Judgment is hereby rendered declaring the dismissal of the [petitioner] as illegal. Respondent [MMC] is [h]ereby ordered to pay [the petitioner] her backwages from date of dismissal to date of decision in the amount of PI00,000.00; separation pay in the amount of P800,000.00, and attorney's fees equivalent to 10% of the total award. The backwages shall stop only upon payment of separation pay. SO ORDERED . [26] The LA found the petitioner's dismissal as illegal for failure of the respondents to prove lawful or just cause for the termination of her employment and for their failure to accord her due process. [27] On appeal, the NLRC vacated and set aside the LA's decision. The dispositive portion of NLRC's Decision [28] dated June 30, 2009 provides: WHEREFORE, premises considered, the appeal of respondents is hereby GRANTED. The decision of the [LA] dated 8 September 2008 is hereby VACATED and SET ASIDE. The [petitioner] is DISMISSED for lack of merit. SO ORDERED.