G.R. No. 116692 - SAMAR II ELECTRIC COOPERATIVE INCORPORATED, REPRESENTED BY PONCIANO R. ROSALES, GENERAL MANAGER, VS. THE NATIONAL LABOR RELATIONS COMMISSION AND FROILAN RAQUIZA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, the decision appealed from is hereby reversed and set aside, and a new one entered to wit: 1) declaring the dismissal of the complainant-appellant (Raquiza) due to gross negligence as illegal; 2) ordering respondents (herein petitioners) to reinstate the complainant-appellant to his former position with full backwages not exceeding three (3) years, without loss of seniority rights and other privileges, or in the event reinstatement is no longer feasible due to the realities of the situation, to pay him his separation pay equivalent to one (1) month for every year of service from January 1, 1976 up to and including the three (3) years imputed service for which backwages was awarded; 3) ordering respondents further to pay attorney's fees of 10% of the total monetary award. All other claims are hereby dismissed for lack of sufficient basis. SO ORDERED.