G.R. No. 196557 - GREGORIO "TONGEE" BALAIS, JR., VS. SE'LON BY AIMEE, AMELITA REVILLA AND ALMA BELARMINO.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the petitioner is entitled to an award of full backwages from the time he was illegally dismissed up to the finality of this decision. [21] Balais is likewise entitled to attorney's fees in the amount of 10% of the total monetary award pursuant to Article 111 [22] of the Labor Code. It is settled that where an employee was forced to litigate and, thus, incur expenses to protect his rights and interest, the award of attorney's fees is legally and morally justifiable. Finally, legal interest shall be imposed on the monetary awards herein granted at the rate of six percent (6%) per annum from the finality of this judgment until fully paid. [23] WHEREFORE , in consideration of the foregoing, the petition is GRANTED . The Decision dated February 25, 2011 and the Resolution dated April 19, 2011 of the Court of Appeals in CA-G.R. SP No. 114899 are hereby REVERSED and SET ASIDE . The respondents are hereby declared GUILTY OF ILLEGAL DISMISSAL AND ARE hereby ORDERED to pay the petitioner, Gregorio Balais, Jr., the following: (a) separation pay in lieu of actual reinstatement equivalent to one (1) month pay for every year of service, with a fraction of at least six (6) months considered as one (1) whole year from the time of his dismissal up to the finality of this Decision; (b) full backwages from the time of his illegal dismissal up to the finality of this Decision; and (c) attorney's fees equivalent to ten percent (10%) of the total monetary award. The monetary awards herein granted shall earn legal interest at the rate of six percent (6%) per annum from the date of the finality of this Decision until fully paid. The case is REMANDED to the Labor Arbiter for the computation of petitioner's monetary award. SO ORDERED.