G.R. No. 172212 - RAFAEL RONDINA, VS. COURT OF APPEALS FORMER SPECIAL 19TH DIVISION, UNICRAFT INDUSTRIES INTERNATIONAL CORP., INC., ROBERT DINO, CRISTINA DINO, MICHAEL LLOYD DINO, ALLAN DINO AND MYLENE JUNE DINO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, judgment is hereby rendered in favor of the complainants, to wit: a. Illegal Dismissal & Violations of Minimum Wage and Standard Labor Benefits . The dismissal of the complainants [is] hereby declared illegal . The respondents: Spouses ROBERT DINO, CRISTINA DINO, children MICHAEL LLOYD DINO, ALLAN DINO & MYLENE JUNE DINO are hereby declared guilty of illegal dismissal and violation [of] minimum wage and labor standard benefits. They are therefore held jointly and solidarily liable for and thus, ordered to pay the complainants' separation pay, wage differentials, moneys, backwages, attorney's fees, costs of litigation. b. Joint and Solidary Liability of Respondents . The respondents are further ordered, in view of imputations of bad faith and the strained relations of the parties, to pay the complainants separation pay at one (1) month pay for every year of service from the first day of service until the date of finality of this judgment, less the amounts the complainants acknowledged to have received before officials at the Department of Labor and Employment Region VII, Cebu City. The total separation pay is ONE MILLION NINE HUNDRED SIXTY-TWO THOUSAND EIGHT HUNDRED FORTY PESOS (P1,962,840.00) . c. Wage Differentials, Standard Labor Benefits plus Backwages up to 31 December 2003 . Aside from being guilty of illegal dismissal, the respondents are also guilty for violating minimum wages and labor standard law and are hereby ordered to pay the complainants differentials in wage and labor standard benefits, plus backwages from date of illegal dismissal in 1995, which as of date of judgment on 31 December 2003, had amounted to SEVENTEEN MILLION EIGHT [HUNDRED] TWENTY-FIVE THOUSAND SIX HUNDRED FOURTEEN PESOS (P17,825,614.00) . d. Thus, the total monetary obligation, which the respondents are jointly and solidarily held liable and mandated to pay (embracing separation pay, wage and labor standards differentials or award plus backwages) had amounted to NINETEEN MILLION SEVEN HUNDRED EIGHTY-EIGHT THOUSAND FOUR HUNDRED FIFTY-FOUR PESOS & FORTY CENTAVOS (P19,788,454.40) . e. The claims for moral damages are DISMISSED for lack of convincing evidence. f. Attorney's Fees and Litigation Costs . The respondents are ordered to pay Attorney's Fees in the amount equivalent to ten (10) percent of the total award. Litigation costs of TEN THOUSAND PESOS (P10,000.00) is likewise awarded to the complainants. g. Legal Interest . The respondents shall be liable for legal interest of one (1) percent per month or twelve (12) percent per annum over the total judgment award from the date of finality of judgment until it is fully settled. In Summation Judgment is rendered in favor of the complainants and against the respondents: Spouses ROBERT DINO, CRISTINA DINO, children MICHAEL LLOYD DINO, ALLAN DINO & MYLENE JUNE DINO, holding them jointly and solidarily liable and ordering them to pay the former TWENTY-ONE MILLION SEVEN HUNDRED SEVENTY-SEVE