G.R. No. 180718 - HENLIN PANAY COMPANY AND/OR EDWIN FRANCISCO/ ANGEL LAZARO III, VS. NATIONAL LABOR RELATIONS COMMISSION (NLRC) AND NORY A. BOLANOS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the claim for illegal termination is dismissed. However, respondent is directed to pay the complainant a proportionate 13 th month pay for 2005 in the amount of P4,386.96 (1/2/05 - 7/9/05 = 6.23 mos.; P325 x 26 days x 6.23 mos./12). SO ORDERED . [10] Bolanos appealed to the NLRC, which reversed the Labor Arbiter's decision on January 31, 2007 as follows: WHEREFORE, the foregoing premises considered, the instant appeal is GRANTED . The decision appealed from is REVERSED and SET ASIDE , thereby declaring the respondents-appellees guilty of illegal dismissal. Accordingly, respondents-appellees are ordered to pay the complainant-appellant her full backwages computed from the time she was dismissed up to the finality of this Resolution and separation pay equivalent to one (1) month's salary plus her proportionate 13 th month pay for the year 2005. As computed, complainant-appellant is entitled to the following monetary award as of January 23, 2007, viz: A) Backwages 1. Basic salary 7/10/05-1/23/07 P325 x 26 x 18.43 P155,733.50 2. 13 th mo. pay P155,733.50/12 12,977.80 3. SILP P325 x 5/12 x 18.43 2,495.73 171,207.03 B) Separation Pay 9/26/04-1/23/07 16,900.00 P 325 x 26 x 2 C) Proportionate 13 th mo. [P]ay 1/2/05-7/9/05 P325 x 26 x 6.23/12 4,386.96 Total Award P192,493.99 SO ORDERED.