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JurisprudenceG.R. No. 185255 -

G.R. No. 185255 - NORKIS DISTRIBUTORS, INC. AND ALEX D. BUAT, VS. DELFIN S. DESCALLAR.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 195,RA 784,RA 761,RA 453RA 102,RA 540,RA 465,RA 458,RA 518,RA 148,
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TL;DR — Ruling

WHEREFORE, in the light of all the foregoing, judgment is hereby rendered declaring the termination of complainant Delfin Descallar to be illegal and respondent NORKIS Distributor, Inc. is ordered to pay complainant separation pay equivalent to one (1) month for every year of service plus backwages from the time he was illegally suspended until the promulgation of this decision computed as follows: Unpaid Wages: July 1-6, 2002 July 24, 2002 Aug. 13-22, 2002 P8,773.00/mo.

Decision

Ruling

WHEREFORE, in the light of all the foregoing, judgment is hereby rendered declaring the termination of complainant Delfin Descallar to be illegal and respondent NORKIS Distributor, Inc. is ordered to pay complainant separation pay equivalent to one (1) month for every year of service plus backwages from the time he was illegally suspended until the promulgation of this decision computed as follows: Unpaid Wages: July 1-6, 2002 July 24, 2002 Aug. 13-22, 2002 P8,773.00/mo. @ 17days ---------------------- P 5,736.19 Backwages: July 8, 2002 to July 23, 2002 July 25, 2002 to Aug. 10, 2002 Aug. 11, 2002 to March 10, 2003 P8,773 x 8 mos. --------------------------------- P70,184.00 13 th Month Pay: P70,184.00 + P5,736.19 x 1/12 ------------------------ P 6,326.68 Separation Pay (April 26, 1993 March 10, 2003) P8,773 x 10 yrs. ----------------------------------------- P 87,730.00 Or in the total amount of P169,976.87. Respondent is likewise ordered to pay ten (10%) percent of the total award representing attorneys fees. Other claims are hereby ordered dismissed for lack of merit. SO ORDERED.