Cream v. Hon. Court Of Appeals

BRION, J.:

We rule on the petition for review on certiorari assailing the decision1 and resolution2 of the Court of Appeals3 (CA) in CA-G.R. SP No. 89326. These CA rulings dismissed the petition for certiorari the petitioner - Session Delights Ice Cream and Fast Foods (petitioner) - filed to challenge the resolutions4 of the Second Division of the National Labor Relations Commission5 (NLRC) that in turn affirmed the order6 of the Labor Arbiter7 granting a re-computation of the monetary awards in favor of the private respondent Adonis Armenio M. Flora (private respondent). The Facts The private respondent filed against the petitioner a complaint for illegal dismissal, entitled "Adonis Armenio M. Flora, Complainant versus Session Delights Ice Cream & Fast Foods, et.

al, Private respondents," docketed as NLRC Case No. RAB-CAR 09-0507-00. The labor arbiter decided the complaint on February 8, 2001, finding that the petitioner illegally dismissed the private respondent.

The decision awarded the private respondent backwages, separation pay in lieu of reinstatement, indemnity, and attorney's fees, under a computation that the decision itself outlined in its dispositive portion. The dispositive portion reads: WHEREFORE, judgment is hereby rendered declaring private respondent guilty of illegal dismissal. Accordingly, private respondent SESSION DELIGHTS is ordered to pay complainant the following: Backwages: a) ₱170.00 x 154 days ₱ 26,180.00 Proportional 13th month pay ₱ 26,180/12 2,181.65 28,361.65 b) Separation Pay: ₱ 170.00 x 314/12 x 1 4,448.35 c) Indemnity of ₱5,000.00 for failure to observe due process d) Attorney's fees which is 10% of the total award in the amount of ₱3,781.00.

SO ORDERED.8 On the petitioner's appeal, the NLRC affirmed the labor arbiter's decision in its resolutions dated May 31, 2002 and September 30, 2002.9 The dispositive portion of the NLRC's resolution of May 31, 2002 states: WHEREFORE, premises considered, the decision under review is hereby AFFIRMED, and the appeal, DISMISSED, for lack of merit.10 The petitioner continued to seek relief, this time by filing a petition for certiorari before the CA, which petition was docketed as CA-G.R. SP No. 74653. On July 4, 2003, the CA dismissed the petition and affirmed with modification the NLRC decision by deleting the awards for a proportionate 13th month pay and for indemnity.11 The CA decision became final per Entry of Judgment dated July 29, 2003.12 The dispositive portion of this CA decision states: WHEREFORE, premises considered, the instant petition is hereby DISMISSED. The decision of the National Labor Relations Commission is AFFIRMED with modification that the award of proportional 13th month pay as well as the award of indemnity of ₱ 5,000.00 for failure to observe due process are DELETED.

In January 2004, and in the course of the execution of the above final judgment pursuant to Section 3, Rule VIII13 of the then NLRC Rules of Procedure, the Finance Analyst of the Labor Arbiter's Office held a pre-execution conference with the contending parties in attendance. The Finance Analyst submitted an updated computation of the monetary awards due the private respondent in the total amount of ₱235,986.00.14 This updated computation included additional backwages and separation pay due the private respondent computed from March 1, 2001 to September 17, 2003. The computation also included the proportionate amount of the private respondent's 13th month pay.

On March 25, 2004, the labor arbiter approved the updated computation which ran, as follows: C O M P U T A T I O N Total computation as per NLRC CAR decision dated February 8, 2001 (sic) 41,591.00 1. Additional backwages: (March 1, 2001-Sept. 17, 2003) March 1, 2001-April 30, 2002: ₱178.00 x 52 days = 9,256.00 May 1, 2001-June 30, 2002: ₱185.00 x 365 days = 67,525.00 July 1, 2002- Sept.

17, 2003: ₱190.00 x 382 days = 72,580.00 149,361.00 Proportional 13th month pay: ₱149,361.00/12 = 12,446.75