(Phils.) v. FFW

TINGA, J.:

The instant petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure seeks the reversal of the Decision1 dated 31 January 2006 and Resolution2 dated 23 May 2006 of the Court of Appeals in CA-G.R. SP No. 86963. The Court of Appeals' Decision affirmed two resolutions of the National Labor Relations Commission (NLRC) directing the reinstatement of respondents Ma. Jesusa Bonsol and Rizalinda Hirondo to their former positions in Johnson & Johnson (Phils.), Inc. while the Resolution denied petitioners' motion for reconsideration.

The instant petition originated from the complaint for illegal dismissal filed by respondents Ma. Jesusa Bonsol and Rizalinda Hirondo against petitioners Johnson & Johnson (Phils.), Inc. and Janssen Pharmaceutica, one of the former's divisions. On 11 November 1999, the Labor Arbiter dismissed the complaint, prompting respondents to elevate the matter to the NLRC.

On 14 December 2001, the NLRC rendered a Resolution,3 modifying the decision of the Labor Arbiter. The NLRC ruled that the violations of company procedure committed by respondents did not constitute serious misconduct or willful disobedience warranting their dismissal; hence, respondents were entitled to reinstatement. The dispositive portion of the Resolution reads in part:

WHEREFORE, premises considered, the instant Appeal is hereby PARTIALLY GRANTED. Accordingly, the Decision appealed from is hereby MODIFIED to the effect complainants-appellants [private respondents] were illegally dismissed; that they are entitled to reinstatement to their respective former position[s] without loss of seniority rights and privileges but without any backwages or in the alternative, to payment of separation pay each equivalent to one-half (1/2) month pay for every year of service; that they merit payment of their claims for thirteenth (13th) month pays, service incentive leave pays and attorney's fees equivalent to ten [percent] (10%) of their monetary awards for thirteenth (13th) month pay and service incentive leave pay. The foregoing awarded claim of Complainants-Appellants are computed as follows: 1. Ma. Jesusa Bonsol Salary: ₱15,000/mo. 1. Separation Pay: From May 1992 to Dec. 28, 1998 7 yrs. ₱15,000.00 x 7 yrs. x ½ [m]o. ₱52,500.00 2. 13th Month Pay 15,000.00 Service Incentive Leave Pay: ₱15,000 x 12 / 365 = P493.15 x 5 day 2,465.75 3. Attorney's Fees: ₱15,000.00 + 2,4465.75 x 10% 1,746.57 Total