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JurisprudenceG.R. No. 113958 -

G.R. No. 113958 -

Cited Laws

RA 356,RA 6715RA 332,RA 639RA 686RA 701,RA 532,RA 325,RA 213,RA 153,RA 589,RA 667RA 437,RA 222,RA 179RA 305,RA 460,
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TL;DR — Ruling

WHEREFORE, the decision appealed from is Annulled and Set Aside and a new one entered declaring that complainants were illegally dismissed. Accordingly, respondents are ordered and directed to reinstate complainants to their former positions without diminution of seniority rights and to pay them backwages effective from their date of termination up to their actual reinstatement without qualification or deduction subject to the three (3) years limitation.

Decision

Ruling

WHEREFORE, the decision appealed from is Annulled and Set Aside and a new one entered declaring that complainants were illegally dismissed. Accordingly, respondents are ordered and directed to reinstate complainants to their former positions without diminution of seniority rights and to pay them backwages effective from their date of termination up to their actual reinstatement without qualification or deduction subject to the three (3) years limitation. However, in case the reinstatement of complainants is no longer feasible, the determination of which is tasked to the Arbitration Branch of origin at the execution stage, respondents are ordered to pay complainants separation pay at the rate of one (1) month salary for every year of service, a fraction of six (6) months to be considered as one (1) whole year. In the computation of separation pay, the period wherein backwages are awarded shall be included. ith costs against respondents. SO ORDERED.