G.R. No. 228212 - MARCIANO D. MAGTIBAY,VS. AIRTRAC AGRICULTURAL CORPORATION AND/OR IAN PHILIPPE W. CUYEGKENG, PRESIDENT, VICTOR S. MERCADO, JR., CHIEF FINANCIAL OFFICER.

Ruling

WHEREFORE, FOREGOING PREMISES CONSIDERED, judgment is hereby rendered declaring that complainant MARCIANO D. MAGTIBAY was ILLEGALLY CONSTRUCTIVELY DISMISSED from his employment. Consequently, respondents AIRTRAC AGRICULTURAL CORPORATION and/or IAN PHILIPPE W. CUYEGKENG and VICTOR S. MERCADO in their respective capacity (sic) as President and Chief Finance Officer of the respondent corporation are hereby severally and solidarily held liable to pay complainant Magtibay the following monetary judgment award in the total amount of Two Million Sixty Five Thousand Five Hundred Eighty Pesos & 28/100 (P2,065,580.28), as herein computed below: A. UNPAID SALARIES (December 19, 2013 to February 12, 2014) P198,000.25 B. BACK WAGES (February 13, 2014 to Aug. 30, 2014 = 6.57 mos. x P140.000.00) P919,800.00 C. SEPARATION PAY (Aug 2010 to Aug 2014 = 4 years x P140,000.00) 560,000.00 D. MORAL DAMAGES 100,000.00 E. EXEMPLARY DAMAGES TOTAL 100.000.00 P1,877,800.25 F. ATTORNEY'S FEE (10%) TOTAL AWARD 187,780.03 P2,065,580.28 All other claims not hereto awarded are considered denied for lack of merit. SO ORDERED.