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letter were unfounded.[9]
On the other hand, petitioners maintained that respondent was validly placed under
preventive suspension for willful disregard of company directives and loitering on work
hours. Petitioners, though, admitted respondent was entitled to tax refund and the
proportionate monetary equivalent of her vacation leaves and 13th month pay. All other
claims were denied by petitioners.[10]
The Ruling of the Labor Arbiter
Under Decision dated July 30, 2012, Labor Arbiter Adolfo C. Babiano found
respondent's preventive suspension unjustified. Petitioners were, thus, ordered to pay
respondent the following amounts, viz:
WHEREFORE, judgment is hereby rendered ordering [petitioner]
to pay [respondent] as follows:
1. P67,961.30 (P2,192.30 x 31 days) representing her wages during her
illegal suspension;
2. P19,000.00 (P57,000.00 x 4/12) representing her proportionate 13th
month pay ;
3. P10,000.00 as moral damages; and
4. P10,000.00 as exemplary damages
TOTAL AWARD: P106,961.30
Attorney's fees at 10% of the total award : P10,696.13
All other claims are dismissed for lack of merit.
SO ORDERED.[11]
Petitioners appealed to the National Labor Relations Commission (NLRC). Pursuant to
Sec. 6, Rule VI ofthe NLRC Rules of Procedure,[12] they posted a cash bond[13] of
P86,961.38 representing the amount of monetary award in favor of respondent,
exclusive of damages and attorney's fees .
In their appeal, petitioners maintained that respondent was validly suspended .
Petitioners also asserted that respondent was liable to pay the Eighty Thousand Pesos
(P80,000.00) "employment bond".[14]
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