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1 Petition for Certiorari under Rule 65 of the Revised Rules of Court.

2 Annex "B," Position Paper dated 12 January 1989 submitted by Benguet Corporation to the Labor Arbiter; Original Records, NOR B-23-A, p. 114.

3Rollo, pp. 31-54.

4 NLRC Decision dated 27 February 1985; Rollo, pp. 55-70.

5 Five J. Taxi v. NLRC, G.R. No. 111474, 22 August 1994, 235 SCRA 556.

6 Rollo, p. 37.

7 Annex D, Petitioners Position Paper; Original Records (NOR B-23-A), p. 125.

8 Rollo, p. 168.

9 Samar II Electric Cooperative, Inc. v. NLRC, G.R. No. 116692, 21 March 1997, 270 SCRA 290.

10 Rollo, p. 4.10

11 Decision by Labor Arbiter Ricardo Nora, 30 July 1992.

12 Rollo, pp. 212-213.

13 See Note 12, pp. 13-14.

14 Trendline Employees Association-Southern Philippines Federation of Labor v. NLRC, G.R. No. 112923, 5 May 1997, 272 SCRA 172.

15 Bustamante v. NLRC, G. R. No. 111651, 28 November 1996, 265 SCRA 68. Under PD 442, it became mandatory to award back wages to illegally dismissed regular employees. This law specifically declared that the award of back wages was to be computed from the time the compensation was withheld from the employee up to the time of his reinstatement. This notwithstanding, the rule generally applied by the Court after the promulgation of the Mercury Drug case, and during the effectivity of PD 442, was still the Mercury Drug rule. In sum, during the effectivity of PD 442, the Court enforced the Mercury Drug rule and in effect qualified the provision under PD 442 by limiting the award of back wages to three (3) years. See Mercury Drug v. CIR, No. L-23357, 30 April 1974, 56 SCRA 694.

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