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[G.R. No. 123646.November 29, 1999]

AUSTRIA vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 29, 1999.

G.R. No. 123646(Nazario C. Austria vs. NLRC, Abeto A. Uy and Philippine Steel Coating Corp.)

In the 14 July 1999 Decision we held that Nazario Austria was illegally dismissed by PHILSTEEL and ordered the latter to pay the heirs of Austria his back wages inclusive of allowances and other benefits, plus death benefits, from 17 August 1989 to 15 March 1997 with legal interest and attorneys fees.

On 28 July 1999 PHILSTEEL filed a Motion for Reconsideration on the ground that the dismissal was justified by its evidence; that the findings of administrative agencies should be respected; and, that the award for back wages was oppressive.

On 16 August 1999 we denied the motion with finality.

On 13 August 1999 the heirs of Austria filed this Motion for Partial Reconsideration of our Decision of 14 July 1999 on the ground that: (a) the cut-off date for the back wages should be 15 May 1997, the actual date of death of Austria per his Death Certificate, and not 15 March 1997 as stated in the Decision, and (b) the award of P10,000.00 indemnity for the finding of lack of due process was in order under the ruling of Val v. NLRC. ¹ G.R. No. 121806, 25 September 1998.

On 23 August 1999 PHILSTEEL filed an Opposition to the motion in view of the pendency of its own motion for reconsideration as well as this Court's ruling that indemnity was unavailing where the finding was that the employee was illegally dismissed and an award for back wages was given.

The records show that indeed the date of Nazario Austria's death is 15 May 1997. ² Rollo, pp. 174-175. As the back wages were awarded from the time of his dismissal up to the time of his death, the proper cut-off date should really be 15 May 1997 and not 15 March 1997.

As to the question of indemnity, movants may not invoke the Val case. Therein we granted indemnity because Val's dismissal was with cause but at the same time without the requisite notice, which we then considered as denial of due process.

WHEREFORE, the Motion for Partial Reconsideration filed by the heirs of petitioner is partially granted and the award of back wages, inclusive of allowances, death benefits and other benefits to Nazario C. Austria or his heirs should be computed from 17 August 1989 to 15 May 1997, not 15 March 1997. Our Decision of 14 July 1999 is accordingly MODIFIED.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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