G.R. No. 222317 - ST. PAUL COLLEGE, PASIG, AND SISTER TERESITA BARICAUA, SPC, VS. ANNA LIZA L. MANCOL AND JENNIFER CECILE S. VALERA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, respondents St. Paul College of Pasig, Inc. (sic) and Sister Teresita Baricaua are found jointly and solidarily liable for constructively dismissing complainants Anna Liza L. Mancol and Jennifer Cecile Valera and are hereby ordered to immediately reinstate both of them to their former positions or equivalent positions under the same terms and conditions prevailing prior to their dismissal or at the option of the respondents, to reinstate their names in the payroll also under the same terms and conditions prevailing prior to their constructive dismissal. Respondents St. Paul College of Pasig, Inc. (sic) and Sister Teresita Baricaua are also ordered to pay complainant Mancol the following: (1) full backwages from the time she was constructively dismissed, or from 21 June 2010, until the time of actual reinstatement, which to date amounts to P163,438.30 (2) overtime pay equivalent to 15 minutes every day, and 90 minutes overtime every day on account of mandatory meetings and conferences held beyond 3:30 pm, or a total of 105 minutes every day since 22 June 2007 until 21 June 2010 amounting to P166,617.76; (3) overtime pay for work done on weekends based on the records of this case since 22 June 2007, amounting to P13,802.59; (4) a weekly overload pay of Php1,523.36 counted from 22 June 2007, representing the amount equivalent to 1.5 hours of actual teaching/load per week rendered in preschool, amounting to P178,233.12; (5) a weekly overload pay of P5,413.01 for school year 2009-2010, representing the amount equivalent to 5.33 hours of actual teaching/load per week in grade school, amounting to P216,520.40; (6) holiday pay amounting to P30,467.25; (7) 13 th month pay amounting to P50,778.75; and (8) service incentive leave pay amounting to P11,540.63. The computation are as follows: Backwages: Basic salary: P20,311.50 6/21/10 1/31/11 P20,311.50 x 7.3 mos. P148,273.95 13 th month pay (1/12) 12,356.18 SILP: P20,311.50/22 x 5 x 7.3/12 = 2,808.19 P163,438.30 Overtime Pay for 105min./day: 6/22/07 6/21/10 P923.25/8 x 1.25 = P144.2578/hr. (OT rate) P144.2578 X 1.75 X 22 X 30 = 166,617.76 Overtime pay work on weekends (OT on RD): P20,311.50/22 = P923.25/day P923.25/8 = 115.40625 basic hourly rate P115.40625 + (25% of P115.40625) = 144.26 Regular OT/hour 130% of P115.40625 = P150.0281 (RD OT/hr) P150.0281 x 92 hrs = 13, 802.59 Overload pay in Preschool: P1,523.36 x 117 weeks = 178,233.12 Overload Pay in Grade School: P5,413.01 x 40 weeks = 216,520.40 Holiday Pay: 6/22/07 P6/21/10 P20,311.50/22 P923.25/day P923.25 x 33 days = 30,467.25 13th Month Pay: 6/22/07 6/21/10 P20,311.50 X 30/12 = 50,778.75 Service Incentive Leave Pay: 6/22/07 6/21/10 P923.25x 5/12 x 30 mos. = 11,540.63 P831,398.70 Respondents St. Paul College of Pasig, Inc. (sic) and Sister Teresita Baricaua are likewise ordered to pay complainant Valera the following: (1) full backwages from the time she was constructively dismissed, or from 21 June 2010, unti