G.R. No. 204944-45 - FUJI TELEVISION NETWORK, INC., VS. ARLENE S. ESPIRITU.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, judgment is hereby rendered GRANTING the instant appeal. The Decision of the Labor Arbiter dated 19 September 2009 is hereby REVERSED and SET ASIDE, and a new one is issued ordering respondents-appellees to pay complainant-appellant backwages computed from the date of her illegal dismissal until finality of this Decision. SO ORDERED . [24] Arlene and Fuji filed separate motions for reconsideration. [25] Both motions were denied by the National Labor Relations Commission for lack of merit in the resolution dated April 26, 2010. [26] From the decision of the National Labor Relations Commission, both parties filed separate petitions for certiorari [27] before the Court of Appeals. The Court of Appeals consolidated the petitions and considered the following issues for resolution: 1) Whether or not Espiritu is a regular employee or a fixed-term contractual employee; 2) Whether or not Espiritu was illegally dismissed; and 3) Whether or not Espiritu is entitled to damages and attorneys fees. [28] In the assailed decision, the Court of Appeals affirmed the National Labor Relations Commission with the modification that Fuji immediately reinstate Arlene to her position as News Producer without loss of seniority rights, and pay her backwages, 13th-month pay, mid-year and year-end bonuses, sick leave and vacation leave with pay until reinstated, moral damages, exemplary damages, attorneys fees, and legal interest of 12% per annum of the total monetary awards. [29] The Court of Appeals ruled that: WHEREFORE , for lack of merit, the petition of Fuji Television Network, Inc. and Yoshiki Aoki is DENIED and the petition of Arlene S. Espiritu is GRANTED. Accordingly, the Decision dated March 5, 2010 of the National Labor Relations Commission, 6th Division in NLRC NCR Case No. 05-06811-09 and its subsequent Resolution dated April 26, 2010 are hereby AFFIRMED with MODIFICATIONS , as follows: Fuji Television, Inc. is hereby ORDERED to immediately REINSTATE Arlene S. Espiritu to her position as News Producer without loss of seniority rights and privileges and to pay her the following: 1. Backwages at the rate of $1,900.00 per month computed from May 5, 2009 (the date of dismissal), until reinstated; 2. 13 th Month Pay at the rate of $1,900.00 per annum from the date of dismissal, until reinstated; 3. One and a half (1½) months pay or $2,850.00 as midyear bonus per year from the date of dismissal, until reinstated; 4. One and a half (1½) months pay or $2,850.00 as year-end bonus per year from the date of dismissal, until reinstated; 5. Sick leave of 30 days with pay or $1,900.00 per year from the date of dismissal, until reinstated; and 6. Vacation leave with pay equivalent to 14 days or $1,425.00 per annum from date of dismissal, until reinstated. 7. The amount of P100,000.00 as moral damages; 8. The amount of P50,000.00 as exemplary damages; 9. Attorneys fees equivalent to 10% of the total monetary awards herein stated; and 10. Leg