G.R. No. 179985 - ODILON L. MARTINEZ. VS. B&B FISH BROKER/ NORBERTO M. LUCINARIO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered judgment is hereby rendered dismissing the complaint for illegal dismissal for lack of merit. Respondents B&B Fish Broker and/or Norberto Lucinario are ordered to reinstate complainant Odilon L. Martinez without backwages. Respondents are further ordered to pay complainant the amount of P29,576.87 representing salary differentials, unpaid salaries and pro-rata 13 th month pay. All other claims are dismissed for lack of merit. [4] (Emphasis and underscoring supplied) On petitioner's partial appeal, the National Labor Relations Commission (NLRC), by Resolution of March 31, 2005, [5] found that the Labor Arbiter erred in placing heavy reliance on the self-serving affidavits of Deynate and Teonson submitted by Lucinario. In any event, the NLRC held that the records did not support Lucinario's claim that petitioner had abandoned his job. It thus found petitioner have been illegally dismissed. Thus it disposed: WHEREFORE, for serious error on the part of the Arbiter a quo, the assailed Decision dated 26 September 2003 is MODIFIED. Finding that complainant-appellant dismissal as illegal , respondents are hereby ordered to reinstate complainant-appellant to his former position with payments of full backwages from the date of his dismissal until his reinstatement. SO ORDERED.