G.R. NO. 169231 - TEOFILO CESAR N. ECHEVERRIA, VS. VENUTEK MEDIKA, INC..

Ruling

WHEREFORE, premises considered, judgment is hereby rendered DISMISSING the complaint for illegal dismissal for lack of basis and merit. However, respondent Venutek Medika, Inc. is hereby ordered to pay complainant his pro rata 13 th month pay for the year 2002 in the amount of P8,295.41. [18] On appeal by petitioner, the NLRC, finding him to have been illegally dismissed, reversed and set aside the Labor Arbiters Decision. Thus it disposed: WHEREFORE, premises considered, the Decision of Labor Arbiter Elias H. Salinas dated January 10, 2003, is hereby declared VACATED and SET ASIDE. Let another one (be) entered, declaring Complainant-Appellant ILLEGALLY DISMISSED. The Respondents are hereby directed to immediately REINSTATE Complainant-Appellant to his former position without loss of seniority rights, with full backwages, from the time of his illegal dismissal up to the finality of this Decision, and to pay his proportionate 13th month pay for the year 2002, the unpaid commission in the amount of P30,000.00, plus 10% attorneys fees. It is however understood, that the Respondents shall be jointly and severally liable to Complainant-Appellant in case of monetary awards. SO ORDERED.