G.R. No. 156658 - BONIFACIO ASUFRIN, JR., VS. SAN MIGUEL CORPORATION AND THE COURT OF APPEALS. DECISION - Supreme Court E-Library

Ruling

WHEREFORE , in view of all the foregoing, the petition is GRANTED . The Decision of the Court of Appeals in CA-G.R. SP No. 53521 dated April 10, 2002, and the Resolution dated December 11, 2002 denying petitioners Motion for Reconsideration, are SET ASIDE . The decision of the National Labor Relations Division dated February 20, 1998 is REINSTATED . Accordingly, petitioners dismissal is declared illegal, and respondent is ordered to reinstate him to his former or equivalent position, with full backwages computed from April 1, 1996 up to his actual reinstatement. Respondent is likewise ordered to pay petitioner the sum equivalent to ten percent (10%) of his total monetary award as attorneys fees. SO ORDERED.