G.R. Nos. 220526-27 - PNOC DEVELOPMENT AND MANAGEMENT CORPORATION (PDMC), VS. GLORIA V. GOMEZ.DECISION - Supreme Court E-Library

Ruling

WHEREFORE , all the foregoing premises being considered, judgment is hereby rendered ordering the respondent company to pay complainant as follows: 1) P7,930,849.50 as backwages; 2) P225,161.55 as unpaid salaries; 3) P660,904.12 (P7,930,849.50 divided by 12 months), as 13 th month pay; and 4) Ten percent (10)% of the total judgment award as and for attorney's fees. Further, respondents are ordered to pay complainant all other benefits, privileges, or their monetary equivalent which the respondent company normally pays to regular employees as part of her backwages. SO ORDERED . [15] The Ruling of the NLRC On appeal, the NLRC affirmed in toto the findings and conclusion of the Labor Arbiter in a Resolution [16] dated January 31, 2011. It explained that as a consequence of Gomez's illegal dismissal, she was thereby entitled to full backwages and all benefits which the company regularly pays to its employees. As to moral and exemplary damages, it found no justification therefor in the absence of showing that the dismissal was accompanied by bad faith, oppression, immorality or fraud, or that the same was carried out in a wanton and malevolent manner. This, because the Board's action to terminate Gomez was done in an honest belief that her occupancy of the position of administrator was in a de facto capacity. [17] It disposed of the appeal as follows: WHEREFORE , premises considered, the appeal interposed by both parties are disposed for lack of merit. The assailed decision dated September 30, 2005 issued by the Honorable Labor Arbiter Jose G. De Vera is hereby AFFIRMED in toto . SO ORDERED . [18] PDMC and Gomez separately moved for reconsideration, but their motions were denied in a March 31, 2011 Resolution. [19] Hence, they filed for certiorari with the CA. [20] The Ruling of the Court of Appeals Finding illegal dismissal, the CA dismissed PDMC's petition for failure to prove a misconduct on the part of Gomez as basis for the claim of loss of trust and confidence. [21] Partly granting Gomez's petition, it affirmed in all respects the NLRC's award of backwages, unpaid salaries, 13 th month pay, and all other customary benefits and privileges, but declined to award moral and exemplary damages. In addition, it directed the payment of retirement benefits accruing to Gomez as well as attorney's fees, and imposed a 6% interest per annum on all these awards. [22] The dispositive portion of the decision reads: WHEREFORE , premises considered, the petition in CA-G.R. SP No. 120276 is DISMISSED , while the petition in CA-GR. SP No. 119971 is PARTLY GRANTED . The Resolutions dated January 31, 2011 and March 31, 2011, respectively issued by the National Labor Relations Commission (NLRC) in NLRC LAC No. 024978-00(8) NLRC NCR CN 30-12-00856-99 are REVERSED and SET ASIDE . The Labor Arbiter Decision dated September 30, 2005 is hereby MODIFIED as follows: 1. Respondent [PDMC] is hereby ordered to pay Petitioner Atty. Gloria Gomez: a) P7,930,849.50 as backwages com