G.R. No. 172799 - JOHNSON & JOHNSON (PHILS.), INC., JANSSEN PHARMACEUTICA, AND/OR RAFAEL BESA, VS. JOHNSON OFFICE & SALES UNION- FEDERATION OF FREE WORKERS (FFW), MA. JESUSA BONSOL AND RIZALINDA HIRONDO.

Ruling

WHEREFORE, premises considered, the instant Appeal is hereby PARTIALLY GRANTED. Accordingly, the Decision appealed from is hereby MODIFIED to the effect complainants-appellants [private respondents] were illegally dismissed; that they are entitled to reinstatement to their respective former position[s] without loss of seniority rights and privileges but without any backwages or in the alternative, to payment of separation pay each equivalent to one-half (1/2) month pay for every year of service; that they merit payment of their claims for thirteenth (13th) month pays, service incentive leave pays and attorney's fees equivalent to ten [percent] (10%) of their monetary awards for thirteenth (13th) month pay and service incentive leave pay. The foregoing awarded claim of Complainants-Appellants are computed as follows: 1. Ma. Jesusa Bonsol Salary: P15,000/mo 1. Separation Pay: From May 1992 to Dec. 28, 1998 7 yrs. P15,000.00 x 7 yrs. x ½ [m]o. P52,500.00 2. 13th Month Pay Service Incentive Leave Pay: P15,000 x 12 / 365 = P493.15 x 5 day 15,000.00 2,465.75 2. Attorney's Fees: P15,000.00 + 2,4465.75 x 10% 1,746.57 Total P71,712.32 2. Rizalinda Hirondo Salary: P12,000/mo. 1. Separation Pay: From April 17, 1995 to December 28, 1998 = 4 yrs. P12,000 x 4 yrs. x ½ mo. P24,000.00 2. 13th Month Pay Service Incentive Leave Pay: P12,000 x 12 / 265 = P394.52 x 5 days 12,000.00 1,972.60 2. Attorney's Fees: P12,000.00 + 1,972.60 x 10% 1,397.26 P39,369.86 GRAND TOTAL P111,082.18 ========= As regards the other issues, the Decision is SUSTAINED. SO ORDERED.