More than two years after the Supreme Court (SC) in February 2020 declared final its August 2019 ruling that affirmed the Court of Appeals’ (CA) August 2015 decision, three employees who were dismissed in 2011 by Benguet Pine Tourist Inn (BPTI) have yet to get their compensation for illegal dismissal.
Based on updated computations done in 2021 by the National Labor Relations Commission (NLRC), employees Josephine P. Piñera, Yolanda A. Calanza and Leonora P. Songalia are entitled to P4.02 million in separation pay and full backwages.
The NLRC was reported to be targeting some assets of the University of Manila (UM), which owns and manages BPTI, to enforce its ruling.
The CA’s 2015 decision stated that the dismissal of the three BPTI employees was a result of “legal bickering” between the former general manager of UM and the university’s president.
It said the three employees were dismissed when they challenged their transfer to Manila from Benguet and on their reported loyalty to the university’s previous administration.
Calanza was hired in 1984, Piñera in 1993 and Songalia in 1999 as receptionists and all-around employees. When they were ordered dismissed in 2011, they filed a case before the NLRC.
On March 22, 2012, the labor arbiter declared the three employees illegally dismissed and directed UM to pay their separation pay and backwages amounting to P863,422.
On UM’s appeal, the NLRC reversed the labor arbiter’s decision as it declared that only Calanza was entitled to P10,000 in nominal damages for failure of the university to serve the notice of dismissal as required by law. NLRC ruled that Piñera and Songalia failed to prove the fact of their dismissal.
The three employees elevated their case to the CA. In a decision promulgated on Aug. 24, 2015, the SC ruled:
“WHEREFORE, premises considered, the instant Petition for Certiorari (filed by Calanza, Piñera and Songalia) is hereby GRANTED. Hence, the NLRC’s dispositions on September 12, 2012 and July 09, 2012 are hereby SET ASIDE and We AFFIRM the Labor Arbiter’s Decision on March 22, 2012. SO ORDERED.”
After its motion for reconsideration was denied by the CA, UM challenged the appellate court’s ruling before the SC.
In a decision promulgated on Aug. 14, 2019, the SC ruled:
“The fundamental guarantees of security of tenure and due process dictate that no worker shall be dismissed except for just and authorized cause provided by law and after due process.
“In the instant case, petitioner (UM) was not able to establish the existence of causes justifying the dismissal of respondents (three employees) and observance of due process in effecting the dismissal.
"WHEREFORE, the instant petition is DENIED. The questioned decision dated August 24, 2015 and the resolution dated October 10, 2016 of the Court of Appeals in CA GR No. SP 127660 are affirmed. SO ORDERED.”
When the SC decision became final and executory on Feb. 5, 2020, the NLRC came up with its new computations on the separation pay and backwages of the three employees to the tune of P4.02 million.
Undaunted, UM challenged the recomputed benefits before the CA.
In its July 18, 2022 decision, the CA denied UM’s petition as it affirmed the NLRC’s recomputed backwages and separation pay awarded to Calanza, Piñera, and Songalia.
The CA ruled:
“WHEREFORE, in view of the foregoing premises, the present petition (filed by UM doing business under the name and style Benguet Pine Tourist Inn, as represented by its President Dr. Emily De Leon) is DENIED.
“Accordingly, the Resolution dated 30 April 2021 and 29 July 2021 issued by the National Labor Relations Commission – Second Division in NLRC LER Case No. 10-109-20 are hereby AFFIRMED. SO ORDERED.”
The decision was written by Associate Justice Tita Marilyn B. Payoyo-Villordon with the concurrence of Associate Justices Myra V. Garcia-Fernandez and Rex Bernardo L. Pascual.
It was not known immediately if UM would still challenge or has filed a petition against the CA’s new decision before the SC.
TAGS: #CA #UM #ILLEGAL DISMISSAL