G.R. No. 169757 - CESAR C. LIRIO, DOING BUSINESS UNDER THE NAME AND STYLE OF CELKOR AD SONICMIX, VS. WILMER D. GENOVIA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, we find that respondents CELKOR AD SONICMIX RECORDING STUDIO and/ or CESAR C. LIRIO (Owner), have illegally dismissed complainant in his status as regular employee and, consequently, ORDERING said respondents: 1) To pay him full backwages from date of illegal dismissal on March 14, 2002 until finality of this decision and, in lieu of reinstatement, to [pay] his separation pay of one (1) month pay per year of service reckoned from [the] date of hire on August 15, 2001 until finality of this decision, which as of date amounts to full backwages total of 145,778.6 (basic P7,000.00 x 19.6 mos.=P133,000.00 + 1/12 thereof as 13th month pay of P11,083.33 + SILP P7,000/32.62 days=P214.59/day x 5=P1,072.96 x 1.58 yrs.=P1,695.27); separation pay of P22,750.00 (P7,000.00 x 3.25 yrs.); 2) To pay complainant's unpaid commission of P2,000.00; 3) To pay him moral and exemplary damages in the combined amount of P75,000.00. Other monetary claims of complainant are dismissed for lack of merit. [7] The Labor Arbiter stated that petitioners denial of the employment relationship cannot overcome respondents positive assertion and documentary evidence proving that petitioner hired respondent as his employee. [8] Petitioner appealed the decision of the Labor Arbiter to the National Labor Relations Commission (NLRC). In a Resolution7 dated October 14, 2004, the NLRC reversed and set aside the decision of the Labor Arbiter. The dispositive portion of the Resolution reads: WHEREFORE, premises considered, the Appeal is GRANTED. Accordingly, the Decision appealed from is REVERSED and, hence, SET ASIDE and a new one ENTERED dismissing the instant case for lack of merit. [9] The NLRC stated that respondent failed to prove his employment tale with substantial evidence. Although the NLRC agreed that respondent was able to prove that he received gross pay less deduction and net pay, with the corresponding Certification of Correctness by petitioner, covering the period from July 31, 2001 to March 15, 2002, the NLRC held that respondent failed to proved with substantial evidence that he was selected and engaged by petitioner, that petitioner had the power to dismiss him, and that they had the power to control him not only as to the result of his work, but also as to the means and methods of accomplishing his work. Respondents motion for reconsideration was denied by the NLRC in a Resolution9 dated December 14, 2004. Respondent filed a petition for certiorari before the Court of Appeals. On August 4, 2005, the Court of Appeals rendered a decision [10] reversing and setting aside the resolution of the NLRC, and reinstating the decision of the Labor Arbiter, with modification in regard to the award of commission and damages. The Court of Appeals deleted the award of commission, and moral and exemplary damages as the same were not substantiated. The dispositive portion of the Court of Appeals decision reads: WHEREFORE , the petition is GRANTED and the