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nonetheless acknowledged it. Later, she met with Nipperess and inquired of possible
employment that entailed only ground duties within the company. She was advised to
meet with certain personnel who knew of the employment requirements in other
departments in the company, and to await a possible offer from the company.
On 20 December 1991 Singson filed before the Labor Arbiter a complaint against
CATHAY for illegal dismissal, with prayer for actual, moral and exemplary damages and
attorney's fees. Efforts on initial settlement having failed, trial followed.
Robert J. Nipperress and Dr. John G. Fowler appeared as witnesses for CATHAY.
Nipperess confirmed that the decision to retire respondent was made upon the
recommendation of Dr. Fowler. In turn, Dr. Fowler testified that the affliction of
respondent with asthma rendered her unfit to fly as it posed aviation risks, i.e., asthma
disabled her from properly performing her cabin crew functions, specifically her air
safety functions.
On the other hand, Singson presented herself and Dr. Benjamin Lazo, a doctor in the
country specializing in internal medicine and pulmonary diseases. She denied being
afflicted with asthma at any point in her life, while Dr. Lazo confirmed the same
declaring that at the time of his examination of Singson he found her to be of normal
condition.
On the basis of the evidence presented before him, Labor Arbiter Pablo C. Espiritu Jr.
declared CATHAY liable for illegal dismissal and ordered the airline to pay Singson
HK$531,150.80 representing full back wages and privileges, HK$54,137.70 for
undisputed benefits due her, HK$100,000.00 as actual damages, HK$500.00 as moral
damages, HK$500.00 as exemplary damages, and HK$168,528.85 as attorney's fees.
Furthermore, CATHAY was ordered to reinstate Singson to her former position as airline
stewardess without loss of seniority rights, benefits and privileges.
On 19 March 1993 CATHAY appealed the decision of the Labor Arbiter to the National
Labor Relations Commission. On 29 December 1994 the NLRC reversed the decision of
the Labor Arbiter and declared valid Singson's dismissal from service.[4] Relying on the
testimony of Dr. Fowler and the affidavit and medical records submitted by Dr. Fahy,
admitted as newly-discovered evidence, the NLRC found Singson to be indeed afflicted
with asthma that rendered her unfit to fly and perform cabin crew functions.
Consequently, the NLRC withdrew the back wages, moral and exemplary damages
awarded to Singson for lack of factual or legal basis. It however ordered CATHAY to
retain her services as ground stewardess, with salaries and benefits, noting that she
had been reinstated therein since 12 March 1993. In turn, Singson was granted the
option to continue her employment with CATHAY.
Thereafter, both parties filed their respective motions for reconsideration[5] before the
NLRC which on 31 August 1995 were denied for lack of merit. Petitions for certiorari
under Rule 65 were subsequently filed by both parties before the Supreme Court which,
after consolidation, were referred to the Court of Appeals for resolution.[6]
Meanwhile, pursuant to the decision of the NLRC, Singson was reinstated as cabin
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