G.R. No. 167225 - RADIO MINDANAO NETWORK, INC., VS. MICHAEL MAXIMO R. AMURAO III.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered declaring that the dismissal of the complainant from the respondents employment is illegal and that the Affidavit of Release /Quitclaim is null and void. Accordingly, the respondent is ordered as follows: 1) To reinstate the complainant to his former position as radio broadcaster and production manager without loss of seniority rights; 2) To pay the complainant backwages which as of the date of this decision already amounts to P159,040.00 until his actual reinstatement; 3) To pay the complainant moral damages in the amount of Php100,000.00 and exemplary damages in the amount of Php100,000.00 and 4) To pay the complainant attorneys fees equivalent to 10 percent of the award as stated above. The complainants claim for regular holiday pay and premiums on holiday pay and rest day are dismissed for lack of sufficient evidence. [7] Ruling of the NLRC RMN appealed to the NLRC, contending that the decision of the Labor Arbiter was premature for being rendered without first issuing an order either setting the case for hearing or declaring the same submitted for decision in violation of Rule V, Section II of the Rules of Procedure of the NLRC, as amended; [8] that the quitclaim signed in its favor was valid and binding because it represented a voluntary and reasonable settlement of Michaels claims; and that Michael was estopped from filing the illegal dismissal case against it. [9] In its decision rendered on November 28, 2003, [10] the NLRC found no merit in the contention of RMN that the appealed decision was prematurely rendered. It noted that the constancia dated October 28, 2002, which stated counsel for respondent appeared and asked for a period of ten (10) days from today within which to file reply and after the lapse of the allotted period, with or without said pleading, case shall be submitted for resolution, clearly showed that RMN was sufficiently apprised that the case would be decided after the lapse of the 10-day period RMN prayed for regardless of whether it filed its reply or not. It held that the quitclaim was null and void for not being voluntarily executed; modified the decision of the Labor Arbiter in that the amount already received by Michael was to be deducted from the monetary benefits awarded to him; and deleted the awards for moral and exemplary damages. RMN moved for reconsideration, but the NLRC denied its motion. [11] Decision of the Court of Appeals Consequently, RMN filed with the Court of Appeals (CA) its petition for certiorari , [12] submitting that the NLRC thereby committed a grave abuse of its discretion amounting to lack or excess of its jurisdiction. On August 31, 2004, however, the CA denied due course to the petition and dismissed it for lack of merit. [13] RMN sought for reconsideration of the resolution of the CA, but its motion for that purpose was similarly denied by the CA. Issues Hence, this appeal by petition for review on certiorari, [14] with