Marmosy Trading v. Court Of Appeals

PEREZ, J.:

This is a petition for review under Rule 45 of the Rules of Court assailing the Decision1 of the Court of Appeals dated 14 July 2005 in CA G.R. SP No. 85989, affirming the Resolution of the National Labor Relations Commission (NLRC) dated 30 January 2004 in CA No. 021367-99, ordering the levy on execution on the real property of herein petitioner Victor Morales. Likewise assailed is the resolution of the appellate court dated 16 November 2005,2 which denied the motion for reconsideration filed by petitioners Marmosy Trading, Inc. and Victor Morales. The facts of the case are as follows: Petitioner Marmosy Trading, Inc. is a domestic corporation duly organized and existing under the laws of the Republic of the Philippines.

It acts as a distributor of various chemicals from foreign suppliers. Petitioner Victor Morales is the President and General Manager of Marmosy Trading, Inc. Respondent Joselito Hubilla was hired as a Technical Salesman pursuant to an appointment letter dated 12 February 1991. Petitioner Marmosy Trading, Inc. terminated respondent's services effective 15 July 1997.3 Owing to his termination, respondent filed a case for illegal dismissal, illegal deduction and diminution of benefits against petitioners before the Labor Arbiter, docketed as NLRC NCR Case No. 00-07-05054-97.4 On 31 May 1999, Labor Arbiter Daniel C. Cueto rendered a Decision5 against petitioners, the dispositive portion of which reads:

WHEREFORE, on account of the foregoing considerations, judgment is hereby rendered declaring the termination of the services of the complainant to be illegal and without just and valid cause.1avvphi1 Accordingly, respondents are hereby ordered to reinstate the complainant to his former position, or in case the same is no longer available, to other equivalent position without loss of seniority rights and other benefits and privileges. Respondents are likewise hereby ordered to pay complainant his full backwages and other benefits which he should have received had his services not been terminated, from July 15, 1997, until actually reinstated, after crediting respondents the separation pay paid to the complainant and other accountabilities in the total amount of P61,052.74 and 10% thereof as and by way of attorney's fees. The total award is tentatively computed as follows: 1. Backwages 07/15/97-05/31/99 = 22.53 months P5,950.00 x 22.53 P134,053.50 2. 13th Month Pay 1/12 of P134,053.50 11,171.13