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[G.R. No. 124348. February 7, 2001]

SANCHEZ vs. NLRC, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 7 2001.

G.R. No. 124348(Dominador Sanchez vs. National Labor Relations Commission, et al.)

Acting on the Motion for Clarificatory Decision ( with leave of Court) filed by petitioner, and considering the Comment of private respondent and the manifestation and Motion of the Office of the Solicitor General, the Court Resolved to clarify that the Decision of Labor Arbiter Eduardo J. Carpio reinstating petitioner, insofar as the reinstatement is concerned, is immediately executory even pending appeal. Accordingly, petitioner should have been admitted back to work under the terms and conditions prevailing prior to his dismissal or separation or, at the option of private respondent, merely reinstated in the payroll.

It appearing that petitioner was never reinstated, whether actually or merely in the payroll, he should be entitled to his former compensation and other benefits prior to his dismissal from 16 November 1990 as held by the Labor Arbiter until 22 November 1995 when the National Labor Relations Commission rendered its Decision.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court

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