Decision
University Of Pangasinan v. Fernandez
G.R. No. 211228 · 2014-11-12 · REYES, J. · LawPhil
UNIVERSITY OF PANGASINAN, INC., CESAR DUQUE/JUAN LLAMAS AMOR/DOMINADOR REYES, Petitioners, vs. FLORENTINO FERNANDEZ and HEIRS OF NILDA FERNANDEZ, Respondents.
REYES, J.:
University of Pangasinan, Inc. (UPI), an educational institution, and its former officials, Cesar Duque, Juan Llamas Amor and Dominador Reyes (collectively referred to as the petitioners), are before this Court with a petition for review on certiorari1 filed under Rule 45 of the Rules of Court to assail the Decision2 rendered by the Court of Appeals (CA) on November 5, 2013 and the Resolution3 thereafter issued on February 7, 2014 in CA-G.R. SP No. 107230. The CA reversed and set aside the Decision4 dated July 21, 2008 and Resolution5 dated November 11, 2008 of the National Labor Relations Commission's (NLRC) First Division in NLRC-NCR CA No. 027116-01 (AE-09-06) granting the appeal filed by the petitioners against the Order6 dated August 22, 2006 ofLabor Arbiter [LA] Luis D. Flores (LA Flores). The CA, ineffect, reinstated LA Flores' order approving an updated computation of the money claims of Florentino Fernandez (Florentino) and his now deceased wife, Nilda Fernandez (Nilda),7 both faculty members of UPI, who were illegally dismissed from service on May 9, 2000 for alleged dishonesty, abuse of authority and unbecoming conduct.
Antecedents The CA aptly summarized the facts of the case up to the filing before it of the Petition for Certiorari8 by Florentino and the heirs of Nilda (respondents), viz: This case arose from a complaint for illegal dismissal filed by [Florentino and Nilda] on May 18, 2000 against [UPI], its President Cesar Duque, Executive Vice-President Juan Llamas Amor and Director for Student Affairs Dominador Reyes x x x. In a Decision dated November 6, 2000, [Labor Arbiter Rolando D. Gambito (LA Gambito)] ruled that [Florentino and Nilda] were illegally dismissed by [the petitioners]. The dispositive portion of the Decision reads: "
ACCORDINGLY, judgment is hereby rendered as follows: 1. Declaring that [the petitioners] are not liable for unfair labor practice; 2. Declaring that [Florentino and Nilda] were dismissed from their positions as college instructors without just and valid cause; 3. Ordering [UPI] and/or its president Cesar T. Duque, and vice-president, Juan Llamas Amor to pay [Florentino and Nilda] backwages, allowances and other benefits computed from the date of their dismissal on May 9, 2000 up to November 6, 2000, date of promulgation of decision; 4. Ordering that instead of reinstatement of [Florentino and Nilda] to their former positions, [the petitioners] should pay them separation pay equivalent to one (1) month salary for every year of service, a fraction of at least six (6) months shall be considered as one (1) whole year; 5. Ordering the [petitioners] to pay [Florentino and Nilda] attorney's fees inthe amount of ₱20,000[.00]; 6. Denying [Florentino and Nilda's] claim for moral and exemplary damages and all other claims for want of merit. COMPUTATION OF AWARD: (1) BACKWAGES (May 9-November 6, 2000); a) [Florentino] ₱10,706.95 (mo. rate) x 5 mos. & 21 days = ₱63,754.82 b) [Nilda] ₱11,282.28 (mo. rate) x 5 mos. & 21 days = ₱67,180.83