G.R. No. 193421 - MCMER CORPORATION, INC., MACARIO D. ROQUE, JR. AND CECILIA R. ALVESTIR, VS. NATIONAL LABOR RELATIONS COMMISSION AND FELICIANO C. LIBUNAO, JR..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , Respondent corporation McMer Corporation, Inc. is hereby ordered to pay complainant the amount of P84,000.00 as his separation pay and P10,834.00 as his proportionate 13th month pay. SO ORDERED . [13] Private respondent filed his Appeal dated April 1, 2008, while petitioners filed their Memorandum of Appeal dated April 10, 2008. After the parties submitted their respective replies to the aforementioned appeals, public respondent NLRC, in its assailed Decision [14] dated August 14, 2009, reversed the findings of the Labor Arbiter and modified the relief granted to private respondent, to wit: WHEREFORE , premises considered, the assailed Decision dated March 12, 2008, is modified as Respondents/Appellants are hereby ordered: To pay Complainant-Appellee Feliciano C. Libunao, Jr. full backwages based on his basic monthly pay of P10,500.00, plus 13th month pay, living & representation allowance, and particular amount computed from the time his wages were withheld from him in August 2007 up to the date We issued this Decision in the total amount of P359,141.25. To pay Complainants separation pay of one months salary for every year of service in lieu of reinstatement in the amount of P105,000.00. To pay Complainant Feliciano C. Libunao, Jr. moral, exemplary and nominal damages in the total amount of P90,000.00. SO ORDERED.