4/29/2020
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year of the unexpired term” which follows the [wording] “salaries
x x x for three months.” To follow petitioners’ thinking that
private respondent is entitled to three (3) months salary only
simply because it is the lesser amount is to completely disregard
and overlook some words used in the statute while giving effect
to some. This is contrary to the well-established rule in legal
hermeneutics that in interpreting a statute, care should be taken
that every part or word thereof be given effect since the
lawmaking body is presumed to know the meaning of the words
employed in the statute and to have used them advisedly. Ut res
magis valeat quam pereat.
It is not disputed that private respondent’s employment contract in
the instant case was for six (6) months. Hence, we see no reason to
disregard the ruling in Marsaman that private respondent should be
paid his salaries for the unexpired portion of his employment
contract.[26] (Emphases supplied)
At this juncture, the courts, especially the CA, should be reminded to read and apply
this Court’s labor pronouncements with utmost care and caution, taking to mind that in
the very heart of the judicial system, labor cases occupy a special place. More than the
State guarantees of protection of labor and security of tenure, labor disputes involve
the fundamental survival of the employees and their families, who depend upon the
former for all the basic necessities in life.
Thus, petitioner must be awarded his salaries corresponding to the unexpired portion of
his six-months employment contract, or equivalent to four months. This includes all his
corresponding monthly vacation leave pay and tonnage bonuses which are expressly
provided and guaranteed in his employment contract as part of his monthly salary and
benefit package. These benefits were guaranteed to be paid on a monthly basis, and
were not made contingent. In fact, their monetary equivalent was fixed under the
contract: US$2,500.00 for vacation leave pay and US$700.00 for tonnage bonus each
month. Thus, petitioner is entitled to back salaries of US$32,800 (or US$5,000 +
US$2,500 + US$700 = US$8,200 x 4 months). “Article 279 of the Labor Code
mandates that an employee’s full backwages shall be inclusive of allowances and other
benefits or their monetary equivalent.”[27] As we have time and again held, “[i]t is the
obligation of the employer to pay an illegally dismissed employee or worker the whole
amount of the salaries or wages, plus all other benefits and bonuses and general
increases, to which he would have been normally entitled had he not been dismissed
and had not stopped working.”[28] This well-defined principle has likewise been lost on
the CA in the consideration of the case.
The CA likewise erred in deleting the award of attorney’s fees on the ground that bad
faith may not readily be attributed to the respondents given the circumstances. The
Court’s discussion on the award of attorney’s fees in Kaisahan at Kapatiran ng mga
Manggagawa at Kawani sa MWC-East Zone Union v. Manila Water Company, Inc.,[29]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55699
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