Veterans Philippine Scout Security Agency v. National Labor Relations Commission

GANCAYCO, J.:

The final and executory character of a Decision of a labor arbiter is put in issue in these two consolidated Petitions. On March 16, 1982, Roberto De los Santos was employed as a security guard by the Veterans Philippine Scout Security Agency. He was assigned to the Naga City branch office of the Prudential Bank.

He drew a monthly salary of P l,200.00. On February 6, 1985, he was relieved from his post in Naga City and was ordered to report to the Quezon City office of the security agency for an inquiry.ℒαwρhi৷ The inquiry was prompted by some complaints aired by the bank manager regarding the service rendered by the said security guard. For some reason or another, De Los Santos reported to the Quezon City office of the security agency only on May 21, 1985.

He explained that financial problems prevented him from reporting to the office earlier. He also requested the security agency that he be retained in Naga City or re-assigned to Metropolitan Manila. The security agency was apparently satisfied with the explanation of De La Santos and as such, the inquiry was aborted.

Acting favorably upon his request to be reinstated, the security agency instructed him to wait for a number of days for a new assignment. He was also told that in the meantime, he would be paid a monthly cash allowance of P 500.00 with free board and lodging. However, De Los Santos felt he was ridiculed and oppressed by his employers so on May 23, 1985, he filed a Complaint for illegal dismissal against the security agency with the National Labor Relations Commission.

He also sought the payment of some money claims. Two officials of the security agency, Willie O. Jamila and Sergio Jamila, were included in the Complaint as respondents. The Complaint was docketed as Case No. NLRC-NCR-5-1633-85.

The parties were called for hearings. Both sides submitted their respective position papers. In due time, the case was deemed submitted for decision.

In a Decision dated February 27, 1986, the labor arbiter assigned to the case ruled in favor of De Los Santos as follows:

WHEREFORE, judgment is rendered in favor of complainant Roberto de los Santos and against respondents Willie O. Jamila and Sergio N. Jamila and/or Veterans Philippine Scout Security Agency, ordering the said respondents to immediately reinstate complainant to his former position as security guard without loss of seniority rights, and to pay complainant's backwages, computed at P 1,200.00 per month, from February 6, 1985 until actual reinstatement. Respondents are likewise ordered to pay to complainant emergency cost of living allowance, 13th month pay, holiday pay, incentive leave pay and other benefits mandated by existing laws from May 23, 1982 until the actual reinstatement of the latter to his former position, which benefits are hereunder computed: BACKWAGES: Feb. 6, 1985-March 17, 1986 = 14.4 mos. x P 1,200/mo. =. . . . . .P 17,280.00 BENEFITS ECOLA: May 23/82-March 17/86 =. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20,343.75 13TH MONTH PAY: May 23/82-March 17/86 =. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3,391.21 SERVICE INCENTIVE LEAVE PAY: 1982 to 1985. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .565.00 HOLIDAY/RESTDAY PREMIUMS: May 23/82-March 17/86 =. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2,910.40 MORAL DAMAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,000.00 EXEMPLARY & NOMINAL DAMAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000.00 LITIGATION FEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,500.00