justified solely upon the premise that the employer fired his employee without just cause
or due process. Likewise, petitioners failed to establish that their dismissal was effected
in a wanton, oppressive or malevolent manner to justify an award of exemplary
damages. Hence, no moral or exemplary damages may be awarded to the petitioners.
Consequently, neither can they claim attorneys fees or costs of litigation.
WHEREFORE, premises considered, the assailed Decision, dated June 1, 1993, of the
National Labor Relations Commission is hereby REVERSED and SET ASIDE and a
new judgment is hereby rendered ordering the private respondents to:
(1)......Reinstate petitioners Millares and Lagda to their former positions without loss of
seniority rights, and to pay full backwages computed from the time of illegal dismissal to
the time of actual reinstatement;
(2)......Alternatively, if reinstatement is not possible, pay petitioners Millares and Lagda
separation pay equivalent to one months salary for every year of service; and,
(3)......Jointly and severally pay petitioners One Hundred Percent (100%) of their total
credited contributions as provided under the Consecutive Enlistment Incentive Plan.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Puno, and Ynares-Santiago, JJ., concur.
Pardo, J., on official business abroad.