Michael Inc. vs. NLRC : 97204 : April 25, 1996 : Mendoza, J. : Secon... 3 of 3 http://sc.judiciary.gov.ph/jurisprudence/1996/apr1996/97204.htm In Villadolid v. Inciong,[5] an employee asked for a five-day leave starting December 30, 1978. On January 5, 1979 he did not return to work but instead asked for 15 days sick leave on the ground that he was suffering from influenza. After that he asked for 30 more days. This time his request was denied. When he reported for work he was refused admission. It was held that while the employees absences were unauthorized, the absences did not amount to gross neglect of duty or abandonment of work, which requires a deliberate refusal to resume employment. There must be a clear showing in terms of specific circumstances that the worker did not intend to report for work. But as the employee had been AWOL, no error was committed in ordering his reinstatement without backwages. In the case at bar, the deletion of the award of backwages - leaving only the payment to private respondent of separation pay in lieu of reinstatement - would not only be in accordance with our decisions but with the demands of justice for all concerned - for the employee no less than for the employer. WHEREFORE, the decision of the National Labor Relations Commission is SET ASIDE and another one is ENTERED, ordering petitioners to pay private respondent separation pay at the rate of one (1) month salary for every year of service in lieu of reinstatement. SO ORDERED. Regalado (Chairman), Romero, Puno, and Torres, Jr., JJ., concur. [1] CIVIL CODE, Art. 1733. [2] 58 SCRA 120 (1974). [3] Id. at 131. [4] G.R. No. 100686, August 15, 1995. [5] 121 SCRA 205 (1983). 1/20/2016 9:44 PM