PNCC v. NLRC

PUNO, J.:

The core issue relates to the salary rate that should be applied in computing the backwages of private respondent Federico Dagasdas, who worked for a project of petitioner in the Middle East. The facts show that private respondent, a carpenter, is a regular work pool employee of the petitioner. He was employed in 1971 and, from then on, worked in various construction projects of the petitioner within the Philippines.

In 1979, private respondent worked in petitioner's project in the Middle East, with a salary of $2.20 per hour.ℒαwρhi৷ The project was completed in 1984 and he returned to the Philippines. Petitioner then failed to give him work in its local projects. Consequently, on May 15, 1989, private respondent sued petitioner for illegal dismissal.1 The labor arbiter dismissed the complaint on the ground of prescription.2 On appeal, however, the National Labor Relations Commission (NLRC) reversed the labor arbiter.3 It ordered the reinstatement of private respondent to his former position and the payment of his backwages for three (3) years.

Petitioner appealed to this Court but in G.R. No. 101468, we denied the petition and remanded the case to the labor arbiter for the computation of the backwages. In computing the backwages, the Research and Information Unit of public respondent used private respondent's salary rate in the Middle East. Thus, private respondent's total backwages amounted to four hundred sixty eight thousand and seven hundred pesos (P468,700.00), viz : RE: COMPUTATION OF THREE (3) YEARS BACKWAGES AS PER NLRC RESOLUTION DATED APRIL 30, 1991 Backwages 3-years Dollar: 2.20/hour = Dollar 17.60/day Dollar: 17.60 x 26/days x 36/months = $16,473.60 13th Month Pay: 1/12 of Dollar 16,473.60 = 1,372.80