G.R. NO. 169750 - RURAL BANK OF CANTILAN, INC., AND WILLIAM HOTCHKISS III, VS. ARJAY RONNEL H. JULVE. DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby entered: Declaring complainant as constructively illegally dismissed; Ordering respondents to reinstate complainant to his former or equivalent position without loss of seniority rights with full backwages from the time his salary was withheld from him up to the time he is actually reinstated; To pay complainant his partial backwages in the amount of P57,165.33 computed up to the date of this decision as follows: BACKWAGES FROM 16 Oct 2001 to 15 Jan 2002 (4 months) (Partial) P12,192.50 + 1,000 x 4 = P52,768.00 Plus P52,768/13 (13 th mo. Pay) = P4,397.33 TOTAL BACKWAGES P57,165.33 and Ordering respondents to pay complainant moral and exemplary damages in the total amount of P100,000.00 plus P15,718.53, as attorney's fees which is equivalent to 10% of the total monetary award. Complainant's other claims are dismissed for lack of merit. On appeal by petitioners, the NLRC, in its Resolution dated November 19, 2002, set aside the Labor Arbiter's judgment, thus: WHEREFORE, foregoing premises considered, the appealed decision is Vacated and Set Aside. In lieu thereof, a new judgment is rendered dismissing the above-entitled case for lack of merit. SO ORDERED.