G.R. No. 172854 - ADAM B. GARCIA, VS. NATIONAL LABOR RELATIONS COMMISSION (SECOND DIVISION), LEGAZPI OIL COMPANY, INC., ROMEO F. MERCADO AND GUS ZULUAGA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered finding respondent Legazpi Oil Co./Romeo Mercado, manager, guilty of illegal dismissal and thereby directing said respondent to reinstate complainant to his former position without loss of seniority rights plus all other benefits, privileges and emoluments he may have been entitled to at the time of his termination from his employment and to pay him full backwages subject to deduction of his earnings elsewhere, reckoned with from the time his compensation was withheld on December 29, 1994 up to the time of actual reinstatement which to date amounted [to] P127,710.88 together with the certificate to the effect that complainant was actually reinstated. Respondent is further ordered to pay complainant moral and exemplary damages in the total amount of P10,000.00 plus 10% attorney's fees of the [total] award. That the aggregate amount of P151,481.97 together with the certificate to the effect that complainant was actually reinstated be coursed thru this Branch within ten (10) days from receipt hereof for proper disposition. Other claims and charges are hereby dismissed for lack of merit. SO ORDERED.