Decision
Gonzales v. Llego
G.R. No. 119085 · 1999-09-09 · KAPUNAN, J. · LawPhil
RESTAURANTE LAS CONCHAS and/or DAVID GONZALES, petitioners, vs. LYDIA LLEGO, SERGIO DANO, EDWARD ARDIANTE, FEDERICO DE LA CRUZ, SHERILITA ANIEL, LORNA AZUELA, ZENAIDA HERMOCILLA, FELICIDAD ROLDAN, HELEN MANALAYSAY, LUZ BALDELAMAR, FELICIDAD MENDOZA, DOLORES BAQUIZO, RODOLFO BAS, CIRIACO BATITES,…
KAPUNAN, J.:
The Petition for Certiorari before us seeks the reversal of the Decision of the National Labor Relations Commission (NLRC) in favor of private respondents and its resolution denying petitioners' motion for reconsideration of said decision. The facts which gave rise to this petition are as follows: Private respondents were employees of petitioner Restaurante Las Conchas which was allegedly operated by the Restaurant Services Corporation and by petitioners David Gonzales and Elizabeth Anne Gonzales who are members of the board of directors and officers of the corporation. While private respondents were being employed by petitioners, the Restaurant Services Corporation got involved in a legal battle with the Ayala Land, Inc. over the land allegedly being occupied by petitioners for their restaurant.1âwphi1.nêt Ayala Land, Inc. obtained a favorable judgment in the case filed against Restaurant Services Corporation for unlawful detainer and the latter were ordered to vacate the premises.
the case was appealed to the Court of Appeals and ultimately to this Court which affirmed the decision of the trial court.1 Petitioners attempted to look for a suitable place for their restaurant business at the Ortigas Center but to no avail, thus, on February 28, 1994, they shut down their business. This resulted in the termination of employment of private respondents. Private respondents filed a complaint with the Labor Arbiter for payment of separation pay and 13th month pay.
This was, however, dismissed by the Labor Arbiter prompting the private respondents to appeal the case to the respondent NLRC. on November 29, 1994, the NLRC rendered a Decision favorable to private respondents, the dispositive portion of which reads:
WHEREFORE, the Decision of the Labor Arbiter a quo is hereby Set Aside and that respondents are ordered to pay the separation benefits of the following complainants, namely: 1. Lydia Llego - P46,426.25 2. Carlos Sangco - 29,026.40 3. Sergio Dano - 27,545.00 4. Sherlita Aniel - 52,000.00 5. Eduardo Ardiente - 30,906.85 6. Luz Baldelemar - 40,855.10 7. Lorna Azuela - 34,468.85 8. Felicidad Roldan - 34,468.85 9. Zenaida Hermocilla - 34,468.85 10. Felicidad Mendoza - 27,212.25 11. Dolores Requizo - 40,855.10 12. Rodolfo Bas - 51,997.40 13. Ciriaco Batites - 22,105.20 Total