Cited Laws
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.
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.
G.R. No. 185255 - NORKIS DISTRIBUTORS, INC. AND ALEX D. BUAT, VS. DELFIN S. DESCALLAR.D E C I S I O N - Supreme Court E-Library
G.R. No. 185255 -
CaseG.R. NO. 139526 - RAMATEK PHILIPPINES, INC. AND MORRIS WEINBERG, VS. MA. ANELIA DE LOS REYES.D E C I S I O N - Supreme Court E-Library
G.R. NO. 139526 -
CaseG.R. No. 156382 - MCDONALD'S (KATIPUNAN BRANCH) AND/OR MCGEORGE FOOD INDUSTRIES, INC., VS. MA. DULCE ALBA.D E C I S I O N - Supreme Court E-Library
G.R. No. 156382 -