G.R. NO. 155264 - FLOREN HOTEL AND/OR LIGAYA CHU, DELY LIM AND JOSE CHUA LIM, VS. NATIONAL LABOR RELATIONS COMMISSION, RODERICK A. CALIMLIM, RONALD T. RICO, JUN A. ABALOS, LITO F. BAUTISTA AND GLORIA B. LOPEZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Court MODIFIES the Decision of the respondent NLRC in this wise: (1) The Court declares that the private respondents Roderick A. Calimlim and Jose Abalos [should be Ronald T. Rico] were illegally dismissed by petitioner Floren Hotel/Ligaya Chu who is ORDERED to reinstate them to their former positions without loss of [seniority] rights, with full backwages and other benefits until they are actually reinstated; but if reinstatement is no longer possible, Floren Hotel/Ligaya Chu shall pay their separation pay in addition to their backwages. (2) Declaring private respondents Lito Bautista, Jun Abalos and Gloria Lopez to have abandoned their employment, and, therefore, not entitled to either backwages nor separation pay; and (3) ORDERING Floren Hotel/Ligaya Chu to pay all the private respondents their 13th month pay and incentive leave pay as computed in the Decision of the Labor Arbiter, to wit: "Proportionate 13 th month pay: a) Roderick Calimlim (daily wage as of June 4, 1998 = plus P148.00 x 30 days P4,440 x 6 months (Jan. to June 1998) P26,640 divided by 12 (one year) = P2,220.00; b) Ronald Rico = P2,220.00 c) Jun Abalos = P2,220.00 d) Lito Bautista = P2,220.00 e) Gloria Lopez = P2,220.00 Service Incentive Leave: R. Calimlim (2 ½ days salary) = P 369.00 R. Rico = 369.00; J. Abalos = 369.00 L. Bautista = 369.00 G. Lopez = 369.00 3. Ordering the same respondents to pay Roderick Calimlim and Ronald Rico one thousand five hundred pesos each as indemnity; Summary: R. Calimlim = P 4,089.00 R. Rico = 4,089.00 J. Abalos = 2,589.00 L. Bautista = 2,589.00 G. Lopez = 2,589.00 TOTAL AWARD = P 15,945.00 SO ORDERED.