FIRST DIVISION
[G.R. NO. 170266 : September 12, 2008]
ENGRACIO A. GUERZON, JR., LILIAN E. CRUZ and JOSEFINA O. BAUYON, Petitioners, v. PASIG INDUSTRIES, INC., MASAHIRO FUKADA and YOSHIKITSU FUJITA, Respondents.
R E S O L U T I O N
CORONA, J.:
Endnotes:
* As replacement of Justice Antonio T. Carpio who is on official leave per Special Order No. 515.
** As replacement of Justice Adolfo S. Azcuna who is on official leave per Special Order No. 518.
1 PII managing director.
2 Letter dated July 20, 1995. Rollo, p. 72.
Compare Labor Code, Art. 283. (Article 283 of the Labor Code requires the employer to serve a written notice on the workers and the Secretary of Labor at least one month before the effective date of termination. Moreover, in cases of closures or cessations or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one month pay or at least one-half pay for every year of service, whichever is higher.Thus, PII offered petitioners terms better than what was required by the law.)
3 Letters dated September 15, 1995. Rollo, pp. 51-53.
4 BASIC PAY P19,800ALLOWANCE 6,300 SEPARATION PAY P26,100 X 21 YEARS =P548,100.00 =========
5 BASIC PAY P17,100ALLOWANCE 5,500 SEPARATION PAY P22,600 X 20 YEARS = P452,000.00 LESS: COCOLIFE LOAN (37,499.78) AMOUNT RECEIVED P414,500.22 =========
6 BASIC PAY P8,300 X 6 YEARS AND 3 MONTHS = SEPARATION PAY P51,879.00 LESS: COCOLIFE LOAN (41,659.34) AMOUNT RECEIVED P10,219.66 =========
7 Docketed as NLRC NCR Case No. 00-0906558-95.
8 Decision dated April 24, 1998 penned by Felipe P. Pati, rollo, pp. 76-83.
Petitioners appealed the April 24, 1998 decision in the National Labor Relations Commission (NLRC). The NLRC, however, found that said decision failed to dispose of Guerzon's claims for compensation, per diem and profit share. Thus, it remanded the case to labor arbiter in its June 17, 1999 decision.
Labor arbiter Pati, upon the motion of respondents, inhibited himself. The case was assigned to labor arbiter Dolores M. Peralta-Beley.
On February 28, 2003, labor arbiter Peralta-Beley rendered a decision affirming the findings of facts of labor arbiter Pati. Respondents were reinstated to their former positions without loss of seniority rights and privileges in addition to the payment of backwages from the time they were illegally dismissed up to the date of their actual reinstatement.
9 Penned by Commissioner Angelita A. Gacutan and concurred in by Presiding Commissioner Raul T. Aquino and Commissioner Victoriano R. Calaycay of the Second Division of the NLRC. Dated August 31, 2004. Id., pp. 152-167.
10 Docketed as CA-SP G.R. No. 88737.
11 Decision penned by Associate Justice Eliezer R. de los Santos and concurred in by Associate Justices Eugenio S. Labitoria and Arturo D. Brion (now a member of this Court) of the Third Division of the Court of Appeals. Dated August 24, 2005. Rollo, pp. 26-34.
12 Resolution dated October 20, 2005. Id., p. 44.
13Globe Telecom v. Crisologo, G.R. No. 174644, 10 August 2007, 529 SCRA 811, 818.
14Samaniego v. NLRC, G.R. No. 93095, 3 June 1991, 198 SCRA 111, 118-119.
15 Id.