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JurisprudenceG.R. No. 142875 -

G.R. No. 142875 - EDGAR AGUSTILO, VS. COURT OF APPEALS, SAN

Cited Laws

RA 494RA 632RA 727RA 346RA 99RA 416
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TL;DR — Ruling

WHEREFORE, the decision appealed from is hereby ANNULLED and SET ASIDE and judgment is hereby rendered: 1. Declaring the dismissal of complainant to be without any just or authorized cause and, therefore, illegal; 2. Ordering respondent San Miguel Corporation to reinstate the complainant to his former or equivalent position without loss of seniority rights and other privileges, and with full backwages from March 16, 1992 up to the time of his actual reinstatement.

Decision

Ruling

WHEREFORE, the decision appealed from is hereby ANNULLED and SET ASIDE and judgment is hereby rendered: 1. Declaring the dismissal of complainant to be without any just or authorized cause and, therefore, illegal; 2. Ordering respondent San Miguel Corporation to reinstate the complainant to his former or equivalent position without loss of seniority rights and other privileges, and with full backwages from March 16, 1992 up to the time of his actual reinstatement. However, should reinstatement be no longer possible due to some valid reasons, respondent San Miguel Corporation is ordered to pay the complainant separation pay of one (1) month pay for every year of service, in addition to complainant's full backwages; 3. Ordering respondent San Miguel Corporation to pay complainant moral damages of P300,000.00 and exemplary damages of P150,000.00, plus ten (10%) percent of the total monetary awards, as attorney's fees. SO ORDERED.