G.R. Nos. 90933-61 - NATIONAL POWER CORPORATION, VS. NATIONAL LABOR RELATIONS COMMISSION, LABOR ARBITER OSWALDO B. LORENZO, REGIONAL

Ruling

WHEREFORE, in view of all the foregoing premises, judgment is hereby rendered, as follows: 1. Ordering respondents Power Contractors, Inc., National Power Corporation and Westinghouse International Projects Company to pay all the named complainants herein and all those similarly situated their separation/termination pay equivalent to one (1) month for every year of service, a fraction of six (6) months equivalent to one (1) year of service; 2. Ordering respondents Power Contractors, Inc., National Power Corporation and Westinghouse International Projects Company to pay jointly and severally the complainants their unpaid 13th month pay, wages, emergency cost of living allowances, unused incentive leave and such other benefits due the complainants and as substantiated by pleadings and records submitted by the parties in these cases; 3. Ordering respondents to pay complainants additional attorney's fees equivalent to ten (10) percent of the total awards due the complainants in this case; and 4. Ordering the dismissal of the Petition of Atty. Camilo L. Sabio for payment of attorney's fees and other damages for lack of jurisdiction to pass on the same. The Corporate Auditing Examiner of this branch is hereby directed to compute the awards due the complainants herein ten (10) days after the finality of this Decision and to submit a Report relative thereto for further disposition of this Office." [11] A copy of the decision was served on petitioner through the deputized special attorney who received the same on January 18, 1989. The OSG was not served with a copy of the Labor Arbiter's decision. The ACCRA Law Office, having likewise received a copy of the decision, again filed a Manifestation that it never entered its appearance as counsel for Westinghouse. [12] On January 30, 1989, Attys. Restituto Mallo and Celestino C. Alcantara, "Counsel for the Respondents and Special Attorneys-OSG," filed a Motion for Extension of Time to File Appeal dated January 20, 1989. [13] Respondent workers moved for the issuance of a writ of execution on January 23, 1989. The special attorney represented petitioner during the February 10, 1989 hearing on the motion [14] and filed its Opposition thereto on February 21, 1989. Petitioner's Appeal Memorandum was filed by the special attorneys only on February 22, 1989. On July 7, 1989, the Labor Arbiter issued an Order denying due course to petitioner's appeal for being filed out of time and directing the issuance of a writ of execution. [15] On July 17, 1989, the OSG filed a Notice of Appeal and Appeal Memorandum, questioning the July 7, 1989 Order on the ground that it was not served a copy of the December 29, 1988 Decision. The OSG likewise alleged that the Appeal Memorandum filed on February 22, 1989 was filed on time. In its Resolution dated October 6, 1989, public respondent NLRC dismissed petitioner's appeal for having been filed beyond the reglementary period to appeal. [16] A copy of the resolution was served on the O