G.R. NO. 153904 - PNOC-EDC, NAZARIO VASQUEZ, PRESIDENT; MARCELINO TONGCO, ACTING MANAGER PROJECT OPERATIONS & MANAGER, PROJECT DEVELOPMENT; JESUS QUEVENCO, JR., RESIDENT MANAGER, SNGP/PIPE; AND REMEGIO B. CORNELIO, HUMAN RESOURCE OFFICER, SNGP-PIPE, VS. FREDERICK V. ABELLA.D E C I S I O N - Supreme

Ruling

WHEREFORE, premises considered judgment is hereby rendered ordering respondents to reinstate complainant to his former position without loss of seniority rights and privileges; his backwages from the time he was terminated on 21 May 1990 up to his actual reinstatement; his withheld second half salary for the month of May 1990 in the amount of P4,291.17; moral damages amounting to P30,000.00; exemplary damages for public good amounting to P20,000.00 and 10% attorneys fees from the total adjudicated claims. The computation of the award of the complainant is hereto attached and forms as [an] integral part hereof. All other claims are dismissed. An appeal was timely filed with the NLRC. Meanwhile, with said appeal still pending in the NLRC, the labor arbiter issued an order [5] dated 20 November 1991, directing the company to admit back to work or reinstate the complainant under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. Pursuant to the above order, Abella was reinstated in the payroll as a General Services Assistant (PAL II) , his original position of Security Assistant having been abolished by virtue of the company-wide reorganization. According to the company, the position is of the same level as Assistant Security and had the same salary rate and benefits. [6] On 11 February 1992, Abella, through counsel, wrote Quevenco, Resident Manager at the SNGP, to protest his assignment in the payroll as General Services Assistant (PAL II). Subsequently, he was again re-slotted in the payroll as a Pipeline Maintenance Foreman, which, according to the petitioners, is another position with the same salary and benefits [7] as another Security Assistant. This change of position was classified as a lateral transfer. [8] On 24 August 1992, Abella wrote [9] petitioner Quevenco, [10] to request that he (Abella) be physically reinstated and allowed to perform security functions. He wrote: Engr. Jesus M. Quevenco, Jr. Resident Manager PNOC Energy Development Corporation Southern Negros Geothermal Project Ticala, Valencia Negros Oriental Sir: This is to officially inform you that despite my lawyers letter [11] dated February 11, 1992, I am willing to perform security functions at PNOC-Energy Development Corporation, Southern Negros Geothermal Project. In view of this, may I request adjustments/arrangements with our Head Office so I can immediately assume duty at your convenience. Very respectfully yours, (Sgd.) FREDERICK V. ABELLA [12] Said request was granted on 27 October 1992 when Abella was temporarily [13] detailed as Security Assistant at SNGPs PAL II Development Project, Northern Cotabato. But on even date, he was also concomitantly designated as Acting Security Officer for the entire SNGP due to the reassignment of the incumbent Security Officer to the Northern Negros Geothermal Project of the company. [14] On 03 November 1992, Abella wrote a lett