G.R. No. 123204 - NATIONWIDE SECURITY AND ALLIED SERVICES, INC. AND/OR PRESIDENT/GENERAL MANAGER, VS. NATIONAL LABOR RELATIONS COMMISSION AND JUNJIE B. SUICON.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the respondents Nationwide Security and Allied Services, Inc. and GUANI Marketing Inc. are hereby ordered, jointly and severally, to pay the complainant backwages in the amount of P195,585.00 representing wage differentials and premium pay for overtime work, night duty in the amount of P176, 518.94; and 13th month pay in the amount of P25,886.25. Attorneys fee[s] equivalent to ten percent (10%) of the total amount is also assessed on the respondents. [4] The aggregate of the awards excluding attorneys fees amounts to P397,990.19. On 11 August 1995, or four days after their receipt of the decision, petitioners filed a Motion to Reduce Bond with the NLRC arguing: 1. That, the judgment amount of P397,990.19 adjudged to be paid to complainant jointly and severally by respondents Nationwide Security and Allied Services, Inc./Romeo T. Nolasco (NATIONWIDE) and GUANI Marketing INC. (GUANI) in accordance with the Decision rendered in this case on June 29, 1995, copy thereof was received by the herein respondent NATIONWIDE on August 07, 1995 was based on arbitrary figures and therefore self-serving, as explained below: x x x 5. That, the finding that complainant was illegally terminated from his work (page 2 of Decision, last paragraph thereof) and entitled to backwages from September 1, 1992 to June 30, 1995 allegedly in view of the ANSWER of the respondent NSASI which admitted the material averments of the complaint according to the questioned Decision, clearly show the whimsical, capricious, sham, frivolous, arbitrary or despotic act of the said Decision amounting to Grave Abuse of Discretion to the Labor Arbiter as explained by the following: x x x 8. That, allowing the judgment amount to ripen into finality without having the same reviewed based on this Motion would give complainant undue advantage at the expense of and to the damage and prejudice of the herein respondents; 9. That, herein respondent NATIONWIDE made their own computation to refute the one embodied in the questioned Decision, the said computation which shows the amount of P37,538.17 as due complainant was previously attached to herein respondents Answer With Cross Claim and for the purpose of this Motion, a copy of the same is hereto attached as Annex A as already stated; 10. That, considering that the said computation is based on PADPAO rate as evidenced by the figures thereat which show P2,200 actual salary and P5,752.50 Padpao rate, for 15 days and 31 days respectively, being in agreement with the figures on paragraph[s] 2 and 3 hereof, and with the figures in the questioned Decision, as well as the complaint sheet, it is respectfully submitted that the amount of P37,538.17 be adjudged as the correct amount due complainant Suicon; 11. That, considering further that the judgment amount is to be paid jointly and severally by respondents NATIONWIDE and GUANI, and considering that respondent NATIONWIDE is not in a position to raise the whole amount of P37,538.17,