G.R. No. 187200 - GOLDEN ACE BUILDERS AND ARNOLD U. AZUL,VS. JOSE A. TALDE.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly vacated the computation. It held that since respondent did not appeal the Decision of the Labor Arbiter granting him only reinstatement and backwages, not separation pay in lieu thereof, he may not be afforded affirmative relief; and since he refused to go back to work, he may recover backwages only up to May 20, 2001, the day he was supposed to return to the job site. Respondent's motion for reconsideration was denied by the NLRC by Resolution [10] of June 30, 2006, hence, he filed a petition for certiorari with the Court of Appeals. By Decision [11] of September 10, 2008, the appellate court set aside the NLRC Resolutions, holding that respondent is entitled to both backwages and separation pay, even if separation pay was not granted by the Labor Arbiter, the latter in view of the strained relations between the parties. The appellate court disposed: WHEREFORE , in view of all the foregoing premises, judgment is hereby rendered by us GRANTING the petition filed in this case. The assailed RESOLUTIONS dated 30, 2006 and March 9, 2006 of the NLRC are hereby SET ASIDE . Thus, the full backwages and separation pay to be awarded to the petitioner shall be computed as follows: Full Backwages as of June 30, 2005 = P562,804.69 Separation Pay: P220.00 x 26 days = P5,720,00 P5,720/month x 8 years = 45,760.00 P608,564.69 We also award an additional 10% of the total monetary award by way of attorney's fees for the expenses incurred by the petitioner to protect his rights and interests. Furthermore, when the decision of this Court as to the monetary award becomes final and executory, the rate of legal interest shall be imposed at 12% per annum from such finality until its satisfaction, this interim period being deemed to be by then an equivalent to a forbearance of credit. SO ORDERED.