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JurisprudenceG.R. No. 219774 -

G.R. No. 219774 - MANILA HOTEL CORPORATION, VS. ROSITA DE LEON.DECISION - Supreme Court E-Library

Cited Laws

RA 7641,
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TL;DR — Ruling

WHEREFORE, a Decision is hereby rendered declaring that [respondent] was illegally dismissed. Corollarily, [petitioner] are hereby ordered to reinstate [respondent] to her former position without loss of seniority rights and other privileges and to pay her backwages from the time of dismissal up to actual reinstatement, which is only up to the retirable age of 60, for which a retirement pay is hereby also ordered to be paid by the [petitioner].

Decision

Ruling

WHEREFORE, a Decision is hereby rendered declaring that [respondent] was illegally dismissed. Corollarily, [petitioner] are hereby ordered to reinstate [respondent] to her former position without loss of seniority rights and other privileges and to pay her backwages from the time of dismissal up to actual reinstatement, which is only up to the retirable age of 60, for which a retirement pay is hereby also ordered to be paid by the [petitioner]. In addition, [petitioner] are hereby ordered to return the amount illegally deducted from the [respondent]. An [sic] attorney's fees equivalent to ten (10%) of the total award is hereby granted. Computation is as follows: a) BACKWAGES 6/10/11- 12[/]10/12 - 16.06 mos. P24,749.00 x 16.06 = 397,468.94 13 th MONTH PAY P397,468.94/12 = 33,122.41 SERVICE INCENTIVE LEAVE PAY P24,749/26 x 5/12 x 16.06 6,369.00 430,961.04 b) ILLEGAL DEDUCTION (given) 72,616.77 509,577.81 10% Attorney's fees 50,957.78 Total P560,535.59 SO ORDERED.