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JurisprudenceG.R. No. 166411 -

G.R. No. 166411 - ELPIDIO CALIPAY, VS. NATIONAL LABOR RELATIONS COMMISSION, TRIANGLE ACE CORPORATION AND JOSE LEE.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 705,RA 449,RA 29,RA 550,RA 658,RA 396,RA 661,RA 524,RA 66,RA 668,
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TL;DR — Ruling

WHEREFORE, the Decision appealed from is hereby MODIFIED, ordering respondents Triangle Ace Corporation Inc./Jose Lee to reinstate the complainants to their former position without loss of seniority rights and benefits and to pay them full backwages reckoned from the date of dismissals up to actual reinstatement which as of even date amount to P149,017.57 for Alfredo Mission, P148,705.44 for Elpidio Calipay, and P165,961.

Decision

Ruling

WHEREFORE, the Decision appealed from is hereby MODIFIED, ordering respondents Triangle Ace Corporation Inc./Jose Lee to reinstate the complainants to their former position without loss of seniority rights and benefits and to pay them full backwages reckoned from the date of dismissals up to actual reinstatement which as of even date amount to P149,017.57 for Alfredo Mission, P148,705.44 for Elpidio Calipay, and P165,961.77 for Ernesto Dimalanta, plus ten (10%) percent of the total award as and for attorney's fees totaling P46,368.47 computed as follows: x x x x Should reinstatement be not feasible, the payment of separation pay in lieu thereof is awarded. The Decision is AFFIRMED in all other respects. SO ORDERED.