G.R. No. 97846 - BOGO-MEDELLIN SUGARCANE PLANTERS ASSOCIATION, INC AND HORACIO FRANCO, VS. NATIONAL LABOR RELATIONS COMMISSION, ASSOCIATED LABOR UNIONS, BONIFACIO MONTILLA, JOSE YBAÑEZ JR., BERNARDO DELA RAMA,, ILDEFONSO CARREDO, ROSETO CANALES, FORTUNATO MIGABON JR. AND HERACLEO MEGABON.

Ruling

WHEREFORE, premises considered, judgment is hereby rendered declaring the [Petitioners] Bogo Medellin Sugar Cane Planters Association and Horacio Franco guilty of unfair labor practice for dismissing the [private respondents] for their union activities; ordering the said [petitioners] to reinstate the [private respondents] to their former position with backwages and other benefits and without loss of seniority rights; ordering the [petitioners] jointly and severally to pay to the [private respondents] their service incentive leave[s], backwages and 13th month from the date of their dismissal until the date of this decision in the following amounts less the amount paid to some [private respondents] as separation/gratuity benefits[:] NAME 13th Month Pay SERVICE INCENTIVE PAY BACK WAGES SEPARATION PAY/GRATUITY BENEFITS NET 1.BONIFACIO P4,915.24 P820.00 P61,440.00 P12,017.94 P55,157.30 MONTILLA 2.JOSE 4,915.24 820.00 P61,440.00 4,745.48 62,429.76 YBANEZ .,JR 3.BERNARDO 4,915.24 820.00 P61,440.00 2,580.84 64,594.40 DELA RAMA 4.ILDEFONSO 4,915.24 820.00 P61,440.00 12,991.00 54,184.24 CARREDO 5.FORTUNATO 4,915.24 820.00 P61,440.00 ---------- 67,175.24 MIGABON [3] JR. 6.ROSETO 4,915.24 820.00 P61,440.00 ---------- 67,175.24 CANALES 7.HERACLEO 4,915.24 820.00 P61,440.00 ---------- 67,175.24 MEGABON 4,915.24 820.00 P61,440.00 ---------- 67,175.24 P34,406.68 P5,740.00 P430,080.00 P32,335.26 P437.891.42 and to pay the [private respondents] counsel 10% of the foregoing amount or the sum of FORTY THREE THOUSAND SEVEN HUNDRED EIGHTY NINE AND 14/100 (P43,789.14) as attorneys fees; ordering further the [petitioners] to deposit the [aggregate] amount of FOUR HUNDRED EIGHTY ONE THOUSAND SIX HUNDRED EIGHTY PESOS AND 56/100 (P481,680.56) with this Branch of the Commission within ten (10) days from receipt of this decision. "All other claims are hereby dismissed for lack of merit." On appeal, the National Labor Relations Commission (Cebu Branch), in its assailed Decision, affirmed with modification the labor arbiters judgment: [4] "WHEREFORE, in view of all the foregoing, the decision appealed from is MODIFIED by setting aside the award for the money claims of the [private respondents] as contained in the decision and directing the recomputation thereof in accordance with Section 3, Rule XI of the NLRC Rules to determine [the] correct amount to be awarded to the [private respondents]. "Except for the foregoing modification the rest of the decision stands AFFIRMED." Respondent Commission denied reconsideration in its challenged Resolution. [5] The Facts As found by the labor arbiter, the facts of this case are as follows: [6] "x x x [T]he [private respondents] were former employees of the respondents with services ranging as follows; Bonifacio Montilla - 15 years Roseto Canales - 17 years Ildefonso Carredo - 16 years Heracleo Megabon - 8 years Jose Ybañez, Jr. - 6 years Bernardo Dela Rama - 3 years Fortunato Megabon, Jr. - 1 year They performed the functions of comp