G.R. No. 134903 -

Ruling

WHEREFORE, by virtue of the powers and duties vested upon me as the selected voluntary arbitrator, I hereby order both parties to submit their respective position papers and evidence, within fifteen (15) days from today, treating the following issues: a) whether or not the voluntary arbitrator had been validly selected by the parties and/or whether the same arbitrator had validly assumed jurisdiction over the case. b) whether or not the complaining workers were legally dismissed. If not, what are their rights and remedies under the law? Failure of any party to submit their position paper and/or evidence within the set period would be tantamount to waiver of such party to present the same. The case shall then be considered submitted for immediate resolution based on what would thus far be submitted. [3] On March 15, 1997, for failure of petitioners and their counsel to appear and present evidence at the hearing on March 3, 1997, the voluntary arbitrator rendered a decision in favor of private respondents on the basis of the position papers submitted in the voluntary arbitration proceedings as well as the documents and pleadings submitted in NLRC Case No. RAB-VII 07-0705-95 before the NLRC RAB VII, Cebu City. The decretal portion of said decision reads: WHEREFORE, premises considered, judgment is hereby rendered in favor of the complainants, to wit: a) The dismissal of the complainants are (sic) hereby declared illegal . The respondents are ordered to pay the complainants back wages from the date of termination until the date (sic) promulgation of this judgment (15 March 1997). b) The respondents are further ordered, in view of imputations of bad faith and the strained relations of the parties, to pay the complainants separation pay at one (1) month pay for every year of service from the first day of service until the date of promulgation of this judgment on 15 March 1997, less the amounts the complainants acknowledged to have received before officials at the Department of Labor and Employment Region VII, Cebu City. The total separation pay is SIX HUNDRED ELEVEN THOUSAND SEVEN HUNDRED SIXTY NINE PESOS AND FIFTY CENTAVOS (P611,769.50). c) The respondents are also declared guilty for violating labor standard law and are hereby ordered to pay the complainants money claims for differentials in wage and other benefits in the amount of FOUR MILLION EIGHT HUNDRED FIFTY SEVEN THOUSAND EIGHT HUNDRED SIXTY NINE PESOS AND FORTY CENTAVOS (P4,857,869.40). d) The claims for moral damages are DISMISSED for lack of convincing evidence. e) The respondents are ordered to pay Attorney's Fees in the amount equivalent to ten (10) percent of the total award or the amount of FIVE HUNDRED FORTY SIX THOUSAND NINE HUNDRED SIXTY THREE PESOS AND EIGHTY NINE CENTAVOS (P546,963.89). Litigation costs of TEN THOUSAND PESOS (P10,000.00) is likewise awarded to the complainants. In Summation Judgment is rendered in favor of the complainants awarding them SIX MILLION TWENTY SIX THOUS