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JurisprudenceG.R. No. 192582 -

G.R. No. 192582 - BLUER THAN BLUE JOINT VENTURES COMPANY/MARY ANN DELA VEGA, VS. GLYZA ESTEBAN.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 227RA 463,RA 416RA 36,RA 683,RA 155,RA 483,RA 196,
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TL;DR — Ruling

WHEREFORE , a Decision is hereby rendered declaring [Esteban] to have been illegally dismissed. Corollarily, she is entitled for the payment of separation pay as prayed for at one month salary for every year of service, plus backwages from November 13, 2006 when she was dismissed up to the rendition of this Decision. Further, as [Esteban] was illegally suspended she is entitled to salaries during her suspension from November 9-13, 2006.

Decision

Ruling

WHEREFORE , a Decision is hereby rendered declaring [Esteban] to have been illegally dismissed. Corollarily, she is entitled for the payment of separation pay as prayed for at one month salary for every year of service, plus backwages from November 13, 2006 when she was dismissed up to the rendition of this Decision. Further, as [Esteban] was illegally suspended she is entitled to salaries during her suspension from November 9-13, 2006. In addition, an attorneys fees equivalent to ten (10%) percent of the total award is hereby granted, computed as follows: a) Backwages 11/13/06 - 9/28/07 = 10.50 mos. [P]350 x 26 x 10.50 = [P]95,550.00 13th Month Pay 1/12 of [P]95,550.00 = 7,962.50 SILP [P]350 x 5/12 x 10.50 = 1,531.25 [P]105,043.75 b) Separation Pay 11/25/03 - 12/6/06 = 3 yrs. [P]350 x 26 x 3 27,300.00 c) Unpaid Salaries 11/9 - 13/06 = 5 days [P]350 x 5 = 1,750.00 [P]134,093.75 Ten (10%) Percent Attorneys Fees 13,409.37 TOTAL [P]147,503.12 SO ORDERED.