G.R. No. 173921 - PHILIPPINE AIRLINES, INC., VS. ISAGANI DAWAL, LORNA CONCEPCION, AND BONIFACIO SINOBAGO.[G.R. No. 173952] ISAGANI DAWAL, LORNA CONCEPCION, AND BONIFACIO SINOBAGO, VS. NATIONAL LABOR RELATIONS COMMISSION, PHILIPPINE AIRLINES, INC., AVELINO L. ZAPANTA, AND CESAR B. LAMBERTE.DECISION -

Ruling

WHEREFORE , the instant petition is GRANTED . The assailed decision and resolution of the National Labor Relations Commission in NLRC NCR CN 30-12-14858-00 NLRC NCR CN 30-02-00842-01 CA No. 030195-01 are ANNULLED and SET ASIDE . The 07 September 2001 decision of Labor Arbiter Francisco A. Robles is hereby ordered REINSTATED , but insofar as the petitioners Isagani Dawal, Lorna Concepcion and Bonifacio Sinobago are considered, WITH MODIFICATIONS , to read: " WHEREFORE , premises considered, judgment is hereby rendered in favor of herein complainants and against the respondents: (1) Ordering the respondents to reinstate immediately the herein complaints [sic] Isagani Dawal, Lorna Concepcion and Bonifacio Sinobago to positions equivalent to their former positions without loss of seniority rights and other benefits upon receipt of this Decision; (2) Ordering the respondents to pay herein complaints [sic] Isagani Dawal, Lorna Concepcion and Bonifacio Sinobago their full backwages, based on their last salary received, other privileges and benefits or their monetary equivalent, computed from the date of their dismissal on September 1, 2000 until their reinstatement; based on the last salary received by the said employees. As of July 31, 2001, complainants' backwages are in the amounts stated and specified below: a. ISAGANI DAWAL - P17,170.00 x 12 mos. from Sept. 1, 2000 up to July 31, 2001 = P206,040.00 b. LORNA CONCEPCION - P22,540.00 x 12 mos. from Sept. 1, 2000 up to July 31, 2001 = P270,480.00 c. BONIFACIO SINOBAGO - P21,675.00 x 12 mos. from Sept. 1, 2000 up to July 31, 2001-P260,100.00 It should be stated and understood that the backwages of the complainants shall be subject to further computation up to the reinstatement of the said employees. (3) In the event that there are no equivalent positions to which the aforenamed complainants may be reinstated, the respondents are ordered to pay, in addition to the separation pay already paid to complainants Isagani Dawal, Lorna Concepcion and Bonifacio Sinobago, their full backwages, based on their last salary received, other privileges and benefits or their monetary equivalent, computed from their dismissal on 01 September 2000 until their supposed actual reinstatement; (4) Ordering the respondents to pay the said complainants P50,000.00 each as moral damages and P10,000.00 each as exemplary damages; and (5) Ordering the respondents to pay the said complainants attorney's fees equivalent to ten percent (10%) of their respective total monetary award. All other claims are hereby dismissed." SO ORDERED.