G.R. No. 163033 - SAN MIGUEL CORPORATION, VS. EDUARDO L. TEODOSIO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the instant petition is GRANTED. The Decision dated November 29, 1999 and Resolution dated May 26, 2000 of the National Labor Relations Commission, Fourth Division, Cebu City and Decision dated April 24, 1998 of the Labor Arbiter are REVERSED and SET ASIDE. Judgment is rendered ordering: The reinstatement of petitioner Eduardo Teodosio to his position as forklift operator without loss of seniority rights. The private respondent San Miguel Corporation to pay the full backwages of the petitioner from the day of his illegal dismissal until actual reinstatement. Said backwages shall be computed on the basis of the basic salary, allowances and other benefits granted to regular employees under the Collective Bargaining Agreement existing at the time. Public respondent NLRC is hereby directed to make the computation of said full backwages and inform soonest all parties as well as this Court, accordingly, within thirty days after receipt of this decision. The private respondent San Miguel Corporation to pay the deficiency amount of salary, allowances and benefits that petitioner should have received as a regular employee from the time he attained the status of regular employee by operation of law on September, 1996 to the time he was illegally dismissed. Public respondent NLRC is likewise directed to make the necessary computation and inform all parties and this Court within thirty (30) days after receipt of this decision. The private respondent San Miguel Corporation to pay petitioner the amount of FIFTY THOUSAND PESOS (P50,000.00) as moral damages, TEN THOUSAND PESOS (P10,000.00) as exemplary damages and ten percent (10%) of the total amount awarded to petitioner by this Court as attorney's fees. Costs against private respondent San Miguel Corporation. SO ORDERED.