"Microplast, Inc. Workers Union, Represented by its Union President Zoilo Ardan, et al. v. Microplast, Incorporated and/or Johnny Rodil and Manuel Rodil,"

Ruling

WHEREFORE, premises considered, the complaint for illegal strike is dismissed for lack of merit. Respondents Microplast, Inc., Johnny Rodil and Manuel Rodil are hereby declared guilty of Unfair Labor Practice for union busting and that the dismissal of the nine (9) complainants are declared illegal. All the respondents in NLRC Case No. 00-04-03161-98 for illegal dismissal are directed to reinstate all the complainants to their former position with full backwages from date of dismissal until actual reinstatement computed as follows: x x x x 3. CRISANTO CONOS Backwages: Basic Wage: 2/21/98 - 10/30/99 = 20.30 mos. P198.00 x 26 days x 20.30 = P104, 504.40 10/31/99 -10/31/00 = 12 mos. P223.50 x 26 days x 12 = 69, 732.00 11/01/00 - 8/30/01 = 10 mos. P250.00 x 26 days x 10 = 65,000.00 P239,236.40 13th Month Pay: 1/12 of P239,236.40 = 19,936.36 SILP 2/16/98 - 12/31/98 = 10.33 mos. P198.00 x 5 days x 10.33/ 12 = 852.22 1/1/99 - 12/31/99 = 12mos. P223.50 x 5 days x 12/12 = 1,117.50 1/1/00 - 10/30/01 = 20 mos. P250.00 x 5 days x 20/12 = 2,083.33 4,053.05 P263,225.81 x x x x 7. RONALD SAMBAJON (same as Conos) 263,225.81 8.FREDELYN BACULBAS (same as Conos) 263,225.81 9. RENEIRO SAMBAJON (same as Conos) 263,225.81 Total Backwages P2,370,674.38 Respondents are jointly and severally liable to pay the above-mentioned backwages including the various monetary claims stated in the Manifestation dated August 24, 1998 except payment of overtime pay and to pay 10% attorney's fees of all sums owing to complainants. [4] (Emphasis and underscoring supplied) The Decision having become final and executory, the Labor Arbiter issued on September 2, 2003 a Writ of Execution. [5] In the meantime, on the basis of individual Release Waiver and Quitclaims dated February 27, 2004 purportedly signed and sworn to by seven of the complainants in the ULP and Illegal Dismissal case before Labor Arbiter Santos in the presence of respondent , the Labor Arbiter dismissed said case insofar as the seven complainants were concerned, by Order dated March 9, 2004. [6] Herein complainants, four of the seven who purportedly executed the Release Waiver and Quitclaims, denied having signed and sworn to before the Labor Arbiter the said documents or having received the considerations therefor. Hence, spawned the administrative complaint at bar, alleging that respondent, acting in collusion with his clients Johnny and Manuel Rodil, "frustrated" the implementation of the Writ of Execution by presenting before the Labor Arbiter the spurious documents. In a related move, complainants also filed a criminal complaint for Falsification against respondent, together with his clients Johnny and Manuel Rodil, before the Prosecutor's Office of Quezon City where it was docketed as I.S. No. 04-5203. [7] In his Report and Recommendation [8] dated September 27, 2005, IBP Commissioner Salvador B. Hababag, who conducted an investigation of the administrative complaint at bar, recommended that respondent be faulted fo