G.R. No. 198357 - BUILDING CARE CORPORATION / LEOPARD SECURITY & INVESTIGATION AGENCY AND/OR RUPERTO PROTACIO, VS. MYRNA MACARAEG.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , judgment is hereby made dismissing the charge of illegal dismissal as wanting in merit but, as explained above, ordering the Respondents Leopard Security and Investigation Agency and Rupert Protacio to pay complainant a financial assistance in the amount of P5,000.00. Other claims are DISMISSED for lack of merit. SO ORDERED . [7] Respondent then filed a Notice of Appeal with the National Labor Relations Commission (NLRC), but in a Decision dated October 23, 2009, the NLRC dismissed the appeal for having been filed out of time, thereby declaring that the Labor Arbiter's Decision had become final and executory on June 16, 2009. [8] Respondent elevated the case to the CA via a petition for certiorari , and on March 24, 2011, the CA promulgated its Decision, the dispositive portion of which reads as follows: WHEREFORE , the petition for certiorari is GRANTED . The Decision dated October 23, 2009 and Resolution dated March 2, 2010 rendered by public respondent in NLRC LAC No. 07-001892-09 (NLRC Case No. NCR-09-12628-08) are REVERSED and SET ASIDE , and in lieu thereof, a new judgment is ENTERED declaring petitioner to have been illegally dismissed and DIRECTING private respondents to reinstate petitioner without loss of seniority rights, benefits and privileges; and to pay her backwages and other monetary benefits during the period of her illegal dismissal up to actual reinstatement. Public respondent NLRC is DIRECTED to conduct further proceedings, for the sole purpose of determining the amount of private respondent's monetary liabilities in accordance with this decision. SO ORDERED.