G.R. NO. 167701 - FERNANDITO P. DE GUZMAN, VS. NATIONAL LABOR RELATIONS COMMISSION, PHILIPPINE RABBIT BUS LINE COMPANY AND NATIVIDAD NISCE.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the appeal is granted and the Decision appealed from is modified in that the financial assistance is limited to P10,000.00. In so ruling, the NLRC noted that there is jurisprudence justifying the award of separation pay as financial assistance as measure of social justice on those instances where the employee was validly dismissed for cause other than serious misconduct or those reflecting on moral character. [11] However, considering the circumstances attendant to the dismissal of complainant, the NLRC reduced the financial assistance to P10,000.00. Petitioner filed a Motion for Reconsideration raising, among others, the concern that the NLRC overlooked his appeal as the only issue it resolved in its decision was the one raised by private respondents, viz.: whether the grant of separation pay was proper. His motion, however, was denied for lack of merit. [12] Petitioner then filed a petition for certiorari under Rule 65 of the Rules of Court with the CA. On July 30, 2004, the CA promulgated its decision reinstating the award of the Labor Arbiter. The dispositive portion of the decision states: WHEREFORE, the petition is DISMISSED. The Decision of public respondent National Labor Relations Commission dated September 17, 2002 is however MODIFIED in that the award of financial assistance equivalent to one-half month salary for every year of service granted by the Labor Arbiter to petitioner is reinstated. SO ORDERED.