G.R. No. 176671 - APO CEMENT CORPORATION, VS. ZALDY E. BAPTISMA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the foregoing premises considered, judgment is hereby rendered declaring the [respondent] illegally dismissed from his employment. [Petitioner and Atty. Eala] are therefore, directed to reinstate the complainant to his former position without loss of seniority rights and other privileges. Further, [petitioner and Atty. Eala] are directed to jointly and severally pay [respondent] the following: I. Backwages ------- P668,184.60 II. 13 th Month Pay ------- 71,200.00 III. Unpaid Salaries ------- 16,450.00 P755,834.60 plus P79,141.53 or ten (10%) percent attorneys fees or a total aggregate amount of PESOS: EIGHT HUNDRED THIRTY ONE THOUSAND FOUR HUNDRED EIGHTEEN & 06/100 (P831,418.06). The amount awarded to [respondent] however should be recomputed when this decision becomes final and executory. [Petitioners] counter-claim is dismissed for lack of merit. SO ORDERED . [27] Aggrieved, petitioner filed an appeal with the NLRC, [28] docketed as NLRC Case No. V-000248-2005. Respondent, on the other hand, filed a Motion for Issuance of a Writ of Execution. [29] On February 21, 2005, the Labor Arbiter ordered petitioner to reinstate respondent as Power Plant Manager of its plant at Tinaan, Naga, Cebu, [30] prompting petitioner to file an Urgent Motion for Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction with the NLRC, [31] docketed as NLRC INJ. Case No. 000001-2005. Ruling of the National Labor Relations Commission On July 11, 2005, the NLRC reversed the ruling of the Labor Arbiter. It ruled that respondents personal and direct involvement in the irregularities complained of renders him unworthy of the trust and confidence demanded [of] his position. [32] The fallo of the Decision [33] reads: WHEREFORE, premises considered the decision of the Labor Arbiter is hereby SET ASIDE and VACATED and a new one entered dismissing the complaint. SO ORDERED.