ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-1995 Jurisprudence                 

  • Adm. Case No. 3745 October 2, 1995 - CYNTHIA B. ROSACIA v. BENJAMIN B. BULALACAO

  • G.R. No. 94702 October 2, 1995 - PEOPLE OF THE PHIL. v. CARLITO ACUÑA, ET AL.

  • G.R. No. 97143 October 2, 1995 - PEOPLE OF THE PHIL. v. ARTURO FIGUEROA

  • Adm. Matter No. RTJ-95-1325 October 4, 1995 - PABLO ESPAÑOLA v. VINCENT EDEN C. PANAY

  • G.R. No. 102672 October 4, 1995 - PANAY ELECTRIC COMPANY, INC. v. NLRC, ET AL.

  • G.R. No. 118533 October 4, 1995 - PABLO R OLIVAREZ v. SANDIGANBAYAN

  • Adm. Case No. 4405 October 6, 1995 - BIENVENIDO SANCHEZ v. GALILEO P. BRION

  • Adm. Matter No. P-93-972 October 6, 1995 - OFFICE OF THE COURT ADMINISTRATOR v. MA. GORGONIA L. FLORES

  • Adm. Matter No. P-94-1006 October 6, 1995 - LERMA CHUA MARTINEZ v. ALDO MUÑOZ

  • G.R. No. 76490 October 6, 1995 - ISAGANI SABINIANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 104604 & 111223 October 6, 1995 - NARCISO O. JAO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110634 October 6, 1995 - RUFINO O. ESLAO v. COMMISSION ON AUDIT

  • G.R. Nos. 111206-08 October 6, 1995 - PEOPLE OF THE PHIL. v. CLAUDIO TEEHANKEE, JR.

  • G.R. No. 116183 October 6, 1995 - RICARDO T. GLORIA v. SALVADOR P. DE GUZMAN, JR.

  • G.R. No. 117092 October 6, 1995 - PEOPLE OF THE PHIL. v. MARIO C. LAO

  • G.R. Nos. 118712 & 118745 October 6, 1995 - LAND BANK OF THE PHILIPPINES v. COURT OF APPEALS

  • G.R. No. 120319 October 6, 1995 - LUZON DEVELOPMENT BANK v. ASS’N. OF LUZON DEV’T. BANK EMPLOYEES, ET AL.

  • Adm. Matter No. RTJ-93-1033 October 10, 1995 - MARIBETH CORDOVA, ET AL. v. EMMA C. LABAYEN

  • G.R. No. 117732 October 10, 1995 - PEOPLE OF THE PHIL. v. JESUS C. SALILING

  • G.R. No. 93915 October 11, 1995 - AUGUSTO EVANGELISTA v. NLRC

  • G.R. No. 99049 October 11, 1995 - PEOPLE OF THE PHIL. v. ROGELIO A. BARQUILLA

  • G.R. No. 117009 October 11, 1995 - SECURITY BANK & TRUST COMPANY, ET AL., v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118013-14 October 11, 1995 - PEOPLE OF THE PHIL. v. DEMOSTHENES L. MAGALLANES, ET AL.

  • G.R. No. 99263 October 12, 1995 - PEOPLE OF THE PHILIPPINES v. PACIFICO R. LAZARO

  • G.R. Nos. 119987-88 October 12, 1995 - PEOPLE OF THE PHIL. v. LORENZO B. VENERACION

  • Adm. Case No. 4380 October 13, 1995 - NICANOR GONZALES, ET AL., v. MIGUEL SABACAJAN

  • G.R. No. 103911 October 13, 1995 - EDGARDO E. LOPEZ v. SANDIGANBAYAN, ET AL

  • G.R. Nos. 109373 & 112991 October 13, 1995 - PACIFIC BANKING CORP. EMPLOYEES ORG., ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 110015 October 13, 1995 - MANILA BAY CLUB CORPORATION v. COURT OF APPEALS, ET AL

  • G.R. No. 107101 October 16, 1995 - PEOPLE OF THE PHIL. v. MARLO S. RODICO, ET AL.

  • G.R. No. 108515 October 16, 1995 - LUIS BALANTAKBO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110053 October 16, 1995 - DEVELOPMENT BANK OF THE PHILIPPINES v. COURT OF APPEALS

  • G.R. No. 110544 October 17, 1995 - REYNALDO V. TUANDA, ET AL. v. SANDIGANBAYAN

  • G.R. No. 105649 October 18, 1995 - FLORO ENTERPRISES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111634 October 18, 1995 - KOMATSU INDUSTRIES (PHIL.), INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116062 October 18, 1995 - PEOPLE OF THE PHIL. v. BERTO BANTISIL, ET AL

  • G.R. No. 116462 October 18, 1995 - RENO FOODS, INC. v. NLRC, ET AL.

  • G.R. No. 116910 October 18, 1995 - INTERNATIONAL CONTAINER TERMINAL SERVICES, INC., ET. AL. v. CA, ET AL.

  • G.R. Nos. 114841-42 October 20, 1995 - ATLANTIC GULF AND PACIFIC CO. OF MANILA, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 103915 October 23, 1995 - COMMISSIONER OF INTERNAL REVENUE v. TELEFUNKEN SEMICONDUCTOR PHIL., INC., ET AL.

  • G.R. No. 106477 October 23, 1995 - GLOBE GENERAL SERVICES AND SECURITY AGENCY, ET AL. v. NLRC

  • G.R. No. 111837 October 24, 1995 - NEW YORK MARINE MANAGERS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112969-70 October 24, 1995 - PEOPLE OF THE PHIL. v. GREGORIO PADRE-E

  • G.R. No. 118584 October 24, 1995 - AURELIA S. GOMEZ v. PRESIDING JUDGE, ET AL.

  • G.R. No. 120823 October 24, 1995 - HADJI HAMID PATORAY v. COMMISSION ON ELECTIONS, ET AL.

  • Adm. Matter No. MTJ-92-716 October 25, 1995 - MA. BLYTH B. ABADILLA v. JOSE C. TABILIRAN, JR.

  • Adm. Matter No. MTJ-93-892 October 25, 1995 - SAN MANUEL WOOD PRODUCTS, INC. v. RAMON B. TUPAS, ET AL.

  • Adm. Matter No. MTJ-94-907 October 25, 1995 - BANK OF THE PHILIPPINE ISLANDS, ET AL. v. JOSELITO SD. GENEROSO, ET AL.

  • Adm. Matter No. MTJ-94-979 October 25, 1995 - EMERITO M. AGCAOILI v. ADOLFO B. MOLINA

  • Adm. Matter No. P-94-1081 October 25, 1995 - VIRGINIA E. BURGOS v. JOSEFINA R. AQUINO

  • G.R. No. 95573 October 25, 1995 - GSIS v. NATIONAL FOOD AUTHORITY, ET AL.

  • G.R. No. 99058 October 25, 1995 - PEOPLE OF THE PHIL. v. FELIXBERTO FRANCISCO, ET AL.

  • G.R. No. 102976 October 25, 1995 - IRON AND STEEL AUTHORITY v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 110815-16 October 25, 1995 - PEOPLE OF THE PHIL. v. JOHNNY SINATAO

  • G.R. No. 111688 October 25, 1995 - PEOPLE OF THE PHIL. v. AGAPITO @ "FELITOY" BRIOL, ET. AL.

  • G.R. No. 112713 October 25, 1995 - PEOPLE OF THE PHIL. v. JOSE TAMPARONG, JR.

  • G.R. No. 108115 October 27, 1995 - PHILIPPINE SOAP BOX DERBY, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117083 October 27, 1995 - LAZARO V. KAVINTA v. PRUDENCIO ALTRE CASTILLO, JR.

  • G.R. No. 112448 October 30, 1995 - PEOPLE OF THE PHIL. v. AGAPITO LOPEZ, ET AL.

  • G.R. Nos. 115455, 115525, 115543, 115544, 115754, 115781, 115852, 115873 & 115931 October 30, 1995 - ARTURO M. TOLENTINO v. SECRETARY OF FINANCE, ET AL.

  •  





     
     

    G.R. No. 93915   October 11, 1995 - AUGUSTO EVANGELISTA v. NLRC

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 93915. October 11, 1995.]

    AUGUSTO EVANGELISTA, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION, and ARTURO MENDOZA, Respondents.

    M.V. Ampil, Jr. & Associates for Petitioner.

    Venida & Associates for Private Respondent.

    The Solicitor General for public Respondent.


    SYLLABUS


    LABOR AND SOCIAL LEGISLATION; TERMINATION OF EMPLOYMENT; ILLEGAL DISMISSAL; DETERMINATION OF SALARY BASE FOR THE COMPUTATION OF BACKWAGES; RULE. — We find merit in petitioner’s motion. As explicitly declared in Paramount Vinyl Products Corp. v. NLRC, (190 SCRA 525, 537 [1990]) the determination of the salary base for the computation of backwages requires simply an application of judicial precedents defining the term "backwages." An unqualified award of backwages means that the employee is paid at the wage rate at the time of his dismissal. Furthermore, the award of salary differentials is not allowed, the established rule being that upon reinstatement, illegally dismissed employees are to be paid their backwages without deduction and qualification as to any wage increases or other benefits that may have been received by their co-workers who were not dismissed or did not go on strike.


    R E S O L U T I O N


    FRANCISCO, J.:


    Eighteen years ago, in April, 1977, private respondent Arturo Mendoza filed a complaint for illegal dismissal against petitioner Augusto Evangelista Eventually, the case reached this Court on July 30, 1990 through a petition for certiorari which was decided on March 22, 1991 in private respondent’s favor. 1 The decision became final upon denial of petitioner’s motion for reconsideration on May 13, 1991. 2

    Thereafter, private respondent filed a motion seeking clarification with respect to the salary scale which should be applied in computing the three years backwages awarded in his favor and cited the decision in the case of De Jesus v. Philippine National Construction Corporation, 3 wherein the award of backwages was based on the latest pay scale of the employee’s position. 4

    On July 24, 1991, the Court, through the First Division, issued a resolution granting private respondent’s motion for clarification and modified the decretal portion of the decision to read as follows:jgc:chanrobles.com.ph

    "WHEREFORE, the petition is DISMISSED, with costs against petitioner. The computation of the three (3) years backwages awarded to private respondent shall be based at the current rate of wage levels. 5

    As a result of the aforecited modification, Petitioner, in turn, filed the instant motion for reconsideration 6 seeking the reversal of the Resolution dated July 24, 1991.

    Petitioner alleged that he was not furnished a copy of the motion for clarification and neither was there a resolution issued by the Court requiring him to comment thereto, thereby depriving him of his right to due process. Moreover, he disputes the computation of the award of backwages based on the current wage levels and maintains that the same should instead be computed based on the rate of the wage level in 1977 when private respondent was illegally dismissed, in accordance with the prevailing jurisprudence.

    We find merit in petitioner’s motion.

    As explicitly declared in Paramount Vinyl Products Corp. v. NLRC, 7 the determination of the salary base for the computation of backwages requires simply an application of judicial precedents defining the term "backwages." An unqualified award of backwages means that the employee is paid at the wage rate at the time of his dismissal. 8 Furthermore, the award of salary differentials is not allowed, the established rule being that upon reinstatement, illegally dismissed employees are to be paid their backwages without deduction and qualification as to any wage increases or other benefits that may have been received by their co-workers who were not dismissed or did not go on strike. 9

    ACCORDINGLY, the motion for reconsideration is hereby GRANTED and the assailed Resolution dated July 24, 1991, is hereby ordered SET ASIDE. The award of backwages in private respondent’s favor is instead to be computed at the rate of the wage levels prevailing at the time of his illegal dismissal in 1977.

    SO ORDERED

    Narvasa, C.J., Regalado, Puno and Mendoza, JJ., concur.

    Endnotes:



    1. Rollo, p. 173. (Gancayco, ponente; Narvasa, Cruz, Griño-Aquino, Medialdea, concurring).

    2. Rollo, p. 185.

    3. 195 SCRA 468 (1991).

    4. Rollo, p. 199.

    5. Rollo, p. 202.

    6. Rollo, p. 203.

    7. 190 SCRA 525, 537 (1990).

    8. Ibid., citing Davao Free Workers Front v. Court of Industrial Relations, 67 SCRA 418; Capital Garments Corp. v. NLRC 117 SCRA 473; Durabilt Recapping Plant & Co. v. NLRC 152 SCRA 328.

    9. Insular Life Assurance Co. Ltd. v. NLRC 156 SCRA 740, 749 (1987) citing Durabilt Recapping Plant & Co. Inc. v. NLRC 152 SCRA 328; Insular Life Assurance Co., Ltd., Employees Association-NATU v. Insular Life Co. Ltd., 77 SCRA 5.

    G.R. No. 93915   October 11, 1995 - AUGUSTO EVANGELISTA v. NLRC


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED