G.R. No. 118223 -

Ruling

WHEREFORE, premises considered, respondent PNOC-subsidiaries are declared guilty of illegal dismissal, violation of the Memorandum of Agreement dated 3 January 1992 and of unfair labor practice acts, as herein charged. Consequently, respondent companies are hereby ordered to cease and desist from further violating the terms and conditions of the parties Memorandum of Agreement of 3 January 1992 and from further committing the unfair labor practice acts herein complained of. Individual respondents herein are hereby ordered reinstated to their former positions with full backwages from the time of their dismissals to the dates of their actual reinstatements and without loss of seniority rights and benefits appurtenant thereto. In case reinstatement proves unenforceable on account of the sale of any of respondent companies, in lieu of reinstatement, the complainants concerned are hereby ordered paid their separation pay equivalent to their one (1) months pay for every year of service, a fraction of at least six (6) months considered as one (1) whole year, in addition to the award of backwages. Respondents are hereby ordered to pay complainants their attorneys fees in the amount of not less than ten (10%) percent of the total monetary award herein. The claims of both parties herein for moral and exemplary damages and all other claims herein for lack of merit are hereby dismissed. Both parties filed their respective motions for reconsideration. Only the motion of herein private respondents was granted in a Decision [4] of the NLRC dated December 9, 1994. The decretal part thereof reads: [5] ACCORDINGLY, in view of the foregoing, this Divisions Decision dated August 12, 1993 is hereby MODIFIED so that the PNOC-Dockyard and Engineering Corporation shall pay their employees separated because of the sale of their assets, separation benefits equivalent to two months for every year of service, as mandated by company policy and practice. The motions for reconsideration filed by Petron and its officers, PNOC-Dockyard and Shipping Corporations, PNOC Energy Development Corporation and Bataan Refiners Union of the Philippines are hereby DENIED for lack of merit. The present petition likewise impugns the foregoing ruling. The Facts The solicitor general exhaustively presents these factual antecedents of the case: [6] 1. On November 22, 1991, private respondent [Kapisanan ng Malayang Manggagawa-PNOC Dockyard & Engineering Corporation (KMM-PDEC)], among other unions namely: Bataan Refiners Union of the Philippines (BRUP); PNOC-Energy Development Employees Association (PEDEA); PNOC-Coal Corporation Employees Association (PCC-ELU); and PNOC-Shipping & Transport Corp. [Employees Association] (PSTCEA), filed with the Department of Labor and Employment (DOLE) a notice of strike against Phil. National Oil Company (PNOC) and Monico Jacob as President/Chairman, on the ground of discrimination constituting unfair labor practice (p. 2, NLRC Decision dated August 12