Leiden E. Fernandez, et al., v. National Labor Relations Commission, et al.

Ruling

WHEREFORE, judgment is hereby rendered in favor of the complainants [petitioners] and against the respondent. The respondent is hereby ordered: To reinstate the complainants to their respective position at the Agencia Cebuana with full back wages without qualifications; if reinstatement is not feasible, for one reason or another, to pay to the complainants their respective separation pay, service incentive leave pay with full back wages without qualification computed hereunder as follows: xxx xxx xxx To pay to all the complainants the amount of P100,000.00 for moral damages and the amount of another P100,000.00 for exemplary damages, plus the amount of P98,018.25 as attorney's fees representing 10% of the total award and the amount of P30,000.00 for litigation expenses. Claiming denial of due process, respondent Marguerite Lhuillier appealed to the National Labor Relations Commission (NLRC), in connection with which she filed a cash bond of P748,411.34. In a decision dated March 11, 1992, the NLRC vacated the decision of Labor Arbiter Velasquez, Jr. and remanded the case to the Regional Arbitration Branch VII, Cebu City, for further proceedings. Following the NLRC's denial of their motion for reconsideration, petitioners went to this Court on a petition for certiorari in G.R. 105892 . In a Decision [3] promulgated on January 28, 1998, the Court granted the certiorari petition, reversed and set aside the assailed decision and resolution of the NLRC and reinstated with modifications the decision of Labor Arbiter Velasquez, Jr., thus: WHEREFORE, the petition is hereby GRANTED and the assailed Decision and Resolution are REVERSED and SET ASIDE . The labor arbiter's decision is REINSTATED with MODIFICATIONS , such that the award of separation pay is deleted and the service incentive leave pay is computed from December 16, 1975 up to the petitioners' actual reinstatement. Full back wages, including the accrued thirteenth month pay, are also awarded to the nine petitioners - - Leiden Fernandez, Brenda Gadiano, Gloria Adriano, Emelia Negapatan, Jesus Tomongha, Eleonor Quiñanola, Asteria Campo, Florida Villaceran and Florida Talledo - - from the date of their illegal dismissal to the time of their actual reinstatement. Petitioners Lim and Canonigo, whom we find to have voluntarily resigned, are not entitled to any benefit. SO ORDERED.