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JurisprudenceG.R. No. 212520 -

G.R. No. 212520 - COCA-COLA BOTTLERS PHILIPPINES, INC., VS. ANTONIO P. MAGNO, JR. AND MELCHOR L. OCAMPO, JR..R E S O L U T I O N - Supreme Court E-Library

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TL;DR — Ruling

WHEREFORE, judgment is hereby rendered declaring respondents guilty of illegally suspending and dismissing complainants. Concomitantly, they are hereby ordered to pay complainants their salaries and other benefits during the time of their suspension as follows: 1. for complainant Magno: a. Salary for one month suspension in the amount of P76,100.

Decision

Ruling

WHEREFORE, judgment is hereby rendered declaring respondents guilty of illegally suspending and dismissing complainants. Concomitantly, they are hereby ordered to pay complainants their salaries and other benefits during the time of their suspension as follows: 1. for complainant Magno: a. Salary for one month suspension in the amount of P76,100.00; b. Transportation benefits for one month in the amount of P15,000.00; 2. for complainant Ocampo: a. Salary for one month suspension in the amount of P45,900.00; b. Transportation benefits for one month in the amount of P10,000.00. Further considering that complainants' dismissals are illegal, respondents are also hereby ordered to reinstate complainants to their former positions under the same terms and conditions prevailing during the time of their employment without loss of seniority rights and privileges. The reinstatement is immediately executory and respondent Coca-Cola is directed to submit a report of compliance thereof within ten (10) calendar days from receipt of this decision pursuant to the provisions of paragraph 2, Section 14, Rule V of the 2005 NLRC Revised Rules of Procedure. Respondents are further ordered to pay herein complainants the following: 3. for complainant Magno: a. Backwages from May 29, 2008 up to the date of this Decision computed in the amount of P380,500.00; b. Transportation benefits from the time it was withheld from them commencing [i]n February 2007 up to the time of this Decision = 21 months x P15,000 or in the total amount of P315,000.00; c. Cellphone benefits in the amount of P17,500.00; d. Incremental increase for 2008 equivalent to P3,000 a month for 10 months = P30,000.00; e. Annual Incentive Pay which he earned for his accomplishments in 2007 in the amount of P300,000.00; 4. for complainant Ocampo: a. Backwages from April 29, 2008 up to the date of this Decision computed in the amount of P275,400.00; b. Transportation benefits from the time it was withheld from them commencing [i]n February 2007 up to the time of this Decision = 21 months x P10,000 or in the total amount of P210,000.00; c. Cellphone benefits in the amount of P25,000.00; d. Incremental increase for 2008 equivalent to P4,200 a month for 10 months = P42,000.00; e. Variable Incentive Pay from January 2007 up to the date of this Decision in the amount of P550,000.00. For having suffered besmirched reputation, sleepless nights and serious anxiety, not to mention the presence of bad faith, respondents are also ordered to pay complainants Magno and Ocampo, moral damages in the amount of P3,000,000.00 and P2,000,000.00, respectively. In order to deter anyone similarly inclined to commit such illegal and malevolent acts, respondents are likewise ordered to pay exemplary damages in the amount of P2,000,000.00 for each complainant. It is also apparent that complainants hired the services of a counsel to litigate their cause, respondents are also hereby ordered to pay attorney's fees equivalent to ten perc