G.R. No. 188464 - ALBERTO J. RAZA, VS. DAIKOKU ELECTRONICS PHILS., INC. AND MAMORU ONO.

Ruling

WHEREFORE, finding the complainant's dismissal unlawful, respondents are hereby directed to reinstate complainant to his former position without loss of seniority rights and other benefits and (are) further ordered solidarily to pay complainant backwages from the time of his dismissal up to actual reinstatement minus the salary corresponding to the suspension period of twelve days plus 10% of the total award for attorney's fees computed as follows: FULL BACKWAGES: A. Basic pay From 8/14/03 to 1/14/05 P 12,000 x 17.03 = P204,360.00 B. 13th month pay P 204,360 ÷ 12 = 17,030.00 C. Service Incentive Leave Pay P 12,000 ÷ 30 x 5 days x 17.03 ÷ 12 = 2,838.33 P224,228.33 Less: P12,000 ÷ 30 x 12 days = 4,800.00 TOTAL: P219,428.33 Attorney's fee of P219,428.33 x 10% = P 21,942.83 SO ORDERED.