G.R. No. 109977 - UNIVERSITY OF PANGASINAN, VS. HONORABLE MA. NIEVES R. CONFESOR, IN HER OFFICIAL CAPACITY AS THE SECRETARY OF DEPARTMENT OF LABOR AND EMPLOYMENT, AND UNIVERSITY OF PANGASINAN FACULTY UNION. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, then Minister of Labor Augusto S. Sanchez issued the Return-to-Work Order on September 18, 1986. After the Regional Office of the Department of Labor and Employment conducted hearings and received evidence for the parties, the Regional Director recommended that the Unions claims for salary differentials for school years (SYs) 1974-1981 be dismissed on the ground of prescription and that the salary differential claims for SY 1982-1983 to SY 1987-1988 in the total amount of P36,444,018.29 be chargeable against the 60% incremental proceeds of tuition fee increases. [1] On October 5, 1989, the Secretary of Labor rendered a decision adopting the recommendations of the Regional Director as stated above ordering, however, a recomputation of the salary differentials due. The dispositive portion of this decision reads as follows: WHEREFORE, except for the modifications stated above, the findings of facts and recommendations of the Regional Director below is (sic) hereby adopted as our own. The following claims are dismissed: 1. Non-satisfaction of the judgment of the Supreme Court in the case G.R. No. 63122 concerning claims for salary differential under P.D. 451 and ECOLA for SY 1981-1982; and 2. Claims for salary differential pursuant to P.D. 451 and alleged erroneous computation of 13th month pay for the SY 1974-1975 up to 1980-1981. The School is directed to restore the mode of computation of the salaries of faculty members to the usual monthly basis effective school year 1989-1990. The Regional Director below is directed to recompute and to submit the outcome thereof to this office within fifteen (15) days from receipt of this Decision, the claims for salary differential under P.D. 451 and the alleged erroneous computation of the 13th month pay for the periods beginning SY 1982-1983 up to 1987-1988 in the light of the decision of the Supreme Court that increases in wages and allowances either granted in compliance with law, collective bargaining agreement or unilaterally by the employer shall be considered compliance with P.D. 451 and chargeable to the 60% share of the employees of the incremental proceeds from any tuition fee increases. The School is directed to pay the complainants their COLAs during the semestral breaks of the school years 1982-1983; 1983-1984; and 1984-1985; chargeable against the 60% share of the employees in the incremental proceeds of the tuition pay increases. SO ORDERED.