ROLANDO G. ANDAYA, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT AND MEMBER OF THE BOARD OF DIRECTORS OF THE NATIONAL POWER CORPORATION, VS. HON. LUISITO G. CORTEZ, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 84, QUEZON CITY, ABNER P. ELERIA, MELITO B. LUPANGCO, NAPOCOR E

Ruling

WHEREFORE , in the light of the foregoing considerations, judgment is hereby rendered in favor of the petitioners and intervenors NECU & NEWU and against the respondents National Power Corporation, its President and Board of Directors ordering them as follows: 1. To RELEASE and to PAY the amount of SIX BILLION FOUR HUNDRED NINETY SIX MILLION FIFTY-FIVE THOUSAND THREE HUNDRED THIRTY NINE PESOS AND NINETY-EIGHT CENTAVOS [Php 6,496,055,339.98] , Philippine Currency representing the COLAs and AAs and TO PAY the amount of SEVEN HUNDRED FOUR MILLION SEVEN HUNDRED SEVENTY-SEVEN THOUSAND FIVE HUNDRED EIGHT HUNDRED (sic) PESOS AND SIXTY CENTAVOS [Php 704,777,508.60] , Philippine Currency, representing interest computed from December 28, 2007, within 30 days from finality of this Decision to petitioners, intervenors and other non-union employees similarly situated. The said monetary judgment shall earn another interest of 12% per annum from date of finality of the decision until its full satisfaction. 2. To PAY Attorney's fees in the amount of P100,000.00 in favor of the Petitioners and P200,000.00 in favor of the Intervenors NECU & NEWU; 3. To DEDUCT the amount of ONE HU[N]DRED FORTY-FIVE MILLION FOUR HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED SEVENTY-TWO PESOS AND FIFTY- FIVE CENTAVOS [Php 145,464,872.55] representing the deficiency payment of docket and other legal fees to be taken from the said lists of NAPOCOR officials, workers, and employees including non-union beneficiaries similarly situated, and to REMIT AND PAY the same to the Office of the Clerk of Court of the Regional Trial Court of Quezon City, within 15 days from finality of this Decision, and finally, to FURNISH this court proof of compliance hereof. The said Amount shall be without prejudice and subject to the final computation and assessment of the Office of the Clerk of Court. The said docket and legal fees shall be a lien on this judgment and shall be first satisfied pursuant to the provisions of Rule 141 and Rule 39 of the Rules of Court. 4. DECLARING the Consultancy Agreement to be valid and binding between the counsels and the Petitioners and the Intervenors NECU & NEWU, and its members. 4.1 To DEDUCT the FIVE percent ( 5% ) of the amount payable to each of the NAPOCOR employees including non-union beneficiaries similarly situated for the said attorney's fees PRO RATA, AND to PAY the amount deducted to Atty. Napoleon Uy Galit and Atty. Jonathan S. Presquito, after deducting the appropriate taxes. SO ORDERED.