G.R. No. 189851 -

Ruling

WHEREFORE , judgment is hereby rendered declaring complainants to have been illegally (constructively) dismissed from their employment. Consequently, the respondents INTEC CEBU, INC., WATARU SATO AND AKIHIRO KAMBAYASHI , are hereby directed to PAY jointly and severally the following complainants of the amounts indicated opposite their names as appearing in the attached Computation sheet consisting of two (2) pages, in concept of separation pay and backwages in the total amount of SIX MILLION NINE HUNDRED SIXTY-SEVEN THOUSAND NINE HUNDRED TWENTY-FOUR PESOS (P6,967,924.00) , in cash or in check payable to NLRC-RAB VII, Cebu City, through the Cashier of this Arbitration Branch within ten (10) days from receipt of this Decision. All other claims are DISMISSED for insufficiency of evidence and for lack of jurisdiction. The claims and the case against respondents Feliciana Tero and Cheryl Inso are DISMISSED for lack of merit. [7] On 14 December 2007, the NLRC set aside the Decision of the Labor Arbiter and held that Intec suffered tremendous financial losses which justified the reduction of working days. The dispositive portion of the decision reads: WHEREFORE , the assailed decision is SET ASIDE and a new one entered declaring that complainants were not dismissed either actually or constructively. Considering, however, all attendant factors as discussed, respondent Intec Cebu, Inc. is hereby directed to give all thirty-seven (37) complainants their respective separation pay based on one-half month salary per year of service, or the grand total amount of ONE MILLION ONE HUNDRED TWENTY-FIVE THOUSAND SEVEN HUNDRED THIRTY-FIVE PESOS (P1,125,735.00) as earlier computed per assailed decision. Complainants are NOT entitled to backwages. [8] Intec elevated the matter to the Court of Appeals. In a Decision dated 22 April 2009, the Court of Appeals reversed the NLRC and reinstated the Decision of the Labor Arbiter with respect to respondents herein. As for Jenife Espinosa, Maria Fe Tomo, Jocelyn Casiban, Ailyn Bagyao, Josephine Casino, Pilar Batajoy, Juliet Teofilo, Cheryl Sugarol, Rechel Daitol and Janette Quidong, the case was dismissed for their failure to sign the verification of certification of non-forum shopping in their petition. The instant petition is one for certiorari with Intec attributing grave abuse of discretion on the part of the Court of Appeals for the following acts: FIRST: BY OVERTURNING ITS OWN RESOLUTION DISMISSING OUTRIGHT THE PRIVATE RESPONDENTS' PETITION FOR CERTIORARI, AND THEREBY GIVING DUE COURSE TO THEIR MOTION FOR RECONSIDERATION, WITH THE MANIFEST ADVANCE PRONOUNCEMENT THAT THE SAID MOTION WOULD EVENTUALLY BE GRANTED. SECOND: BY DISREGARDING THE FACTUAL FINDINGS OF THE HONORABLE NATIONAL LABOR RELATIONS COMMISSION, 4 th DIVISION, CEBU CITY, THAT THE PRIVATE RESPONDENTS "WERE NOT DISMISSED EITHER ACTUALLY OR CONSTRUCTIVELY." THIRD: BY CAPRICIOUSLY ASSERTING THAT THE FINANCIAL STATEMENTS OF THE PETITIONERS ARE SELF-SERVING AND OF D