G.R. No. 167938
http://sc.judiciary.gov.ph/jurisprudence/2009/feb2009/167938.htm
8042) it therefore becomes imperative that the said decision, which was brought to us on
appeal by respondent Multiline Resources Corporation, be set aside and forwarded to Labor
Arbiter Teresita C. Lora.
xxxx
[8]
The case was re-assigned to another Labor Arbiter who issued an Order
on
February 18, 1997 dismissing the case for failure of both parties to appear on several
scheduled meetings despite due notice.
Ramos filed a motion to re-open the case. Subsequently, on August 14, 1997, the
[9]
Labor Arbiter issued an Order dismissing the case without prejudice. Ramos re-filed the
case on August 18, 1997 and the same was given due course.
On February 9, 1999,
[10]
the Labor Arbiter dismissed the complaint of Ramos after
finding that his dismissal was legal.
On appeal, the NLRC reversed the decision of the Labor Arbiter in a Resolution
dated July 30, 2002. The NLRC ruled:
WHEREFORE, premises considered, Complainants appeal is GRANTED. The
Labor Arbiters decision in the above-entitled case is hereby ANNULLED and SET ASIDE.
A new one is entered declaring that Complainant was illegally dismissed from his
employment. Respondent Hanjin Engineering & Construction Corp., formerly Hanil
Development Corp., Ltd., is hereby ordered to pay Complainant the following: US$795.00 at
its peso equivalent at the time of payment, representing his salaries for three (3) months;
P25,000.00 as moral damages; and attorneys fees equivalent to ten percent (10%) of his total
monetary award.
SO ORDERED.
[11]
Ramos appealed the case to the Court of Appeals on the ground that he is entitled to
a salary equivalent to the full unexpired portion of his employment contract, which is one
year. Hanjin and Multiline for their part, did not appeal.
In a Decision dated August 27, 2004, the Court of Appeals granted Ramos petition
and modified the assailed NLRC resolution by awarding Ramos his salaries for the entire
unexpired portion of his contract. The dispositive portion reads:
WHEREFORE, the petition is GRANTED. The assailed NLRC Resolutions are
MODIFIED in that petitioner is hereby awarded his full salaries for one year, instead of
three months only.
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