February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 187110 : February 29, 2012]
PHILIPPINE NATIONAL GUARD PROTECTIVE AGENCY, INC. v. PABLO M. ASTEO
G.R. No. 187110 - Philippine National Guard Protective Agency, Inc. v. Pablo M. Asteo
RESOLUTION
After a careful perusal of the records, the Court resolves to DENY the petition for failure to show that the Court of Appeals committed reversible error in finding that respondent Pablo M. Asteo was constructively dismissed for having been placed on floating status beyond the 6-month period allowed by law. It correctly ruled that the intermittent assignments given to respondent consisting of 5 work days, while on floating status for a period of 8 months cannot be deemed permanent postings.
As a necessary consequence of his dismissal, respondent is entitled to reinstatement and backwages.[1] However, while separation pay in the amount of PhP 140,000.00 was granted in lieu of reinstatement, no backwages was awarded.cralaw
WHEREFORE, the assailed October 29, 2008 Decision and March 12, 2009 Resolution of the CA affirming the July 16, 2007 Decision and September 28, 2007 Resolution of the National Labor Relations Commission are hereby AFFIRMED with the MODIFICATION ordering Philippine National Guard Protective Agency, Inc. to pay respondent Pablo M. Asteo full backwages from the time of his constructive dismissal up to the finality of this resolution, in addition to separation pay.
This case is remanded to the Labor Arbiter for the proper computation of the judgment award in favor of Asteo within 30 days from receipt hereof. (Mendoza, J., no part; Bersamin, J., designated member per Raffle dated 25 July 2011)
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court
Endnotes:
[1] JGB and Associates, Inc. v. National Labor Relations Commission, G.R. No. 109390, March 7, 1996, 254 SCRA 457, 466