G.R. No. 226369 - ISABELA-I ELECTRIC COOP., INC., REPRESENTED BY ITS GENERAL MANAGER, ENGR. VIRGILIO L. MONTANO, VS. VICENTE B. DEL ROSARIO, JR..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the Appeal is GRANTED and the Labor Arbiter's Decision dated 29 August 2013 is SET ASIDE and a new one is issued declaring Complainant-Vicente B. Del Rosario, Jr. to have been illegally transferred and/or demoted resulting to his unlawful constructive dismissal and hereby ordering Respondent-Isabela-1 Electric Cooperative to immediately reinstate and/or restore the Complainant to his former position as Management Internal Auditor and to pay the Complainant the following: 1. Salary differential at the rate of Two Thousand Seventy Four Pesos and Ten Centavos [Php2,074.10] per month starting on October 2012, which to date amounted to Twenty Six Thousand Nine Hundred Sixty Three and Thirty Centavos [Php26,963.30]; 2. Moral and exemplary damages of Twenty Five Thousand Pesos [Php25,000.00] each or a total amount of Fifty Thousand Pesos [Php50,000.00]; 3. Attorney's fees often percent [10%] of the total award. Other claims are dismissed for lack of merit. SO ORDERED . [31] Under Resolution dated January 21, 2014, [32] the NLRC denied petitioner's motion for reconsideration. The Court of Appeals' Ruling Petitioner brought the case to the Court of Appeals which, by Decision dated December 21, 2015, affirmed but deleted the award of salary differential, viz : WHEREFORE , in view of the foregoing premises, the instant petition is hereby DISMISSED for lack of merit. The assailed Decision and Resolution of the NLRC are hereby AFFIRMED with MODIFICATION in that the award representing the salary differential rate amounting to Twenty Six Thousand Nine Hundred Sixty Three Pesos and Thirty Centavos (Php26,963.30) is hereby DELETED . SO ORDERED.