G.R. No. 114280 - PHILIPPINE AIRLINES, INC. (PAL), VS. NATIONAL LABOR RELATIONS COMMISSION AND AIRLINE PILOTS ASSOCIATION OF THE PHILIPPINES (ALPAP).

Ruling

WHEREFORE, judgment is hereby rendered in this case, declaring respondent Philippine Airlines (PAL) guilty of non-payment of the 13th month pay. Respondent is therefore ordered to pay members of complainant Airlines Pilots Association of the Philippines (ALPAP) the following sums of money: 13th month pay....P69,167,244.00 Moral and Exemplary Damages............. 6,948,000.00 Attorney's fees.... 7,611,524.00 Grand Total.....P83,726,768.00 All other claims are denied for lack of legal or factual basis." [7] In the aforecited decision, the Labor Arbiter discarded PAL's contentions and took note of the fact that the payment of the year-end bonus is conditional and uncertain. PAL's argument that it is exempted from the coverage of P.D. 851 was ruled out because it was shown that except for the pilots, all other employees of PAL were receiving both the thirteenth month pay and the year-end bonus. However, the coverage of the award for thirteenth month pay was confined to 1988 until 1990, excluding those from 1986 and 1987, due to ALPAP's failure to amend its complaint. Not satisfied, both parties appealed to the NLRC which in turn promulgated the assailed resolution on November 23, 1993 [8] and ruled in this wise: WHEREFORE, premises considered, the decision of (sic) dated 29 May 1992 is hereby AFFIRMED with the modification that respondent PAL also pay the 13th month pay to the ALPAP pilots for the years 1986 and 1987; the dismissal of the claim for moral and exemplary damages; the payment of PAL of legal interest from the dates the 13th-month pay of the ALPAP pilots accrued up to the time of actual payment; and the payment of attorney's fees of 10% of the total award. SO ORDERED.