G.R. No. 175345 - BALTAZAR L. PAYNO, VS. ORIZON TRADING CORP./ORATA TRADING AND FLORDELIZA LEGASPI.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, Respondents are hereby declared to have constructively or illegally dismissed Complainant, and are hereby ORDERED to solidarily pay Complainant the following, to be computed up to the finality of this decision, but which as of Nov. 25, 2000, are as follows: 1. separation pay: P6,500.00 x 7 (May 30, 1993 to as of Nov. 25, 2000) - P 45,500.00 2. backwages (June 3 to as of Nov. 25, 2000 more or less 6 months). - 39,000.00 3. moral damages - 20,000.00 -------------- Sub-total - P104,500.00 4. 10% attorney's fees - 10,450.00 ========= Total P114,950.00 [5] Both parties appealed. On December 15, 2004, the National Labor Relations Commission (NLRC) affirmed with modification the decision of the Labor Arbiter. The dispositive portion reads as follows: WHEREFORE, the appeal filed by complainant is hereby GRANTED. The appeal filed by respondents is DENIED for lack of merit except with respect to the award of damages and of attorney's fees. [Corollarily], the Decision of the Labor Arbiter dated 06 July 2001 as to the finding of illegal dismissal, award of separation pay computed from 30 May 1993 to the finality of this Decision is AFFIRMED. The award of backwages is hereby modified to include ECOLA, 13 th month pay, service incentive leave and such other benefits which complainant should have received had he not been illegally dismissed, to be computed from 03 June 2000 up to the finality of this Decision. The award of attorney's fees is hereby reduced to P5,000.00 while the award of damages is deleted. SO ORDERED.