G.R. No. 112877 - SANDIGAN SAVINGS AND LOAN BANK, INC., AND SANDIGAN REALTY DEVELOPMENT CORPORATION, VS. NATIONAL LABOR RELATIONS COMMISSION AND ANITA M. JAVIER.

Ruling

WHEREFORE, considering the foregoing considerations, and for having unjustly dismissed Anita Javier from employment, respondents are hereby directed to reinstate her to her former position as marketing collector of Sandigan Savings and Loan Bank and sales agent of Sandigan Realty Development Coiporation, pay her full backwages from the time of her dismissal, plus 10% attorneys fee and all her monetary award, until her actual reinstatement, and P60,000.00 moral and exemplary damages to compensate for her mental pain and anguish, her social humiliation and besmirched reputation. Should reinstatement be rendered impossible by virtue of the abolition of her position as marketing collector, grant her, in addition to backwages and other benefits, separation pay equivalent to one (1) month for every year of service until after this decision shall have become final and executory." [7] On appeal, the NLRC affirmed the decision of the Labor Arbiter in its Resolution, dated 24 September 1993, but, deleting the award of damages and attorneys fees, provided the following monetary award of backwages and separation pay: "Backwages: Fr: April 20, 1990-April 20, 1993-36 months Realty: P500.00 (allowance) x 36 P18,000.00 Savings Bank: P2,400.00 x 36 P86,400.00 TOTAL P104,400.00 Separation Pay: Realty: Nov. 2, 1982-April 20, 1993 P500.00 (allowance) x10 -10 years P5,000.00 Savings Bank: Dec. 1, 1986-April 20, 1993 P2,400.00 x 6 - 6 years P14,400.00 GRAND TOTAL P123,800.00" The petitioners Motion for Reconsideration of the said Resolution, and that of the private respondent, were denied by the NLRC in its Resolution, dated 19 November 1993, the dispositive portion of which reads: "It appearing that the issues raised by both parties in their Motions for Reconsideration were thoroughly discussed and duly passed upon in the questioned Resolution promulgated on September 24, 1993, the same are hereby denied for lack of merit with finality. No further motion for reconsideration shall be entertained. The petitioners, thus, instituted this petition for certiorari, contending that the NLRC gravely and seriously abused its discretion in holding that: 1. Javier is a regular employee of both Sandigan Realty and Sandigan Bank and entitled to backwages and separation pay from both; 2. Javier was receiving P2,400.00 a month from the bank and that she is entitled to separation pay for six years. [8] The records disclose that petitioner Sandigan Bank no longer disputes the finding that Javier was dismissed by it and that she did not abandon her job thereat. In fact, it would have paid private respondent the monetary award representing backwages and separation pay adjudged against it in the assailed NLRC resolution, if only it found the same to be in the correct amount. [9] Consequently, the issues in this case are: (1) whether or not the respondent NLRC abused its discretion in finding that private respondent was a regular employee of the petitioner Sandigan Realty, entitled to