FIRST DIVISION
[G.R. No. 256655. December 7, 2021.]
BORROMEO B. ANTING, petitioner,vs. LT STEEL CENTER, INC. AND/OR ALEXANDER GERONIMO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedDecember 7, 2021which reads as follows:
"G.R. No. 256655 — (Borromeo B. Anting v. LT Steel Center, Inc. and/or Alexander Geronimo)
We affirm.
The accepted doctrine is that separation pay may be awarded in lieu of reinstatement if reinstatement is no longer practical or will no longer serve the best interest of the parties. Separation pay in lieu of reinstatement may likewise be awarded if the employee decides not to be reinstated anymore. 1
Here, the Court defers to the findings of the Court of Appeals that separation pay in lieu of reinstatement is more appropriate, the same being in the best interest of the parties considering that six (6) years had already passed since petitioner Borromeo Anting's unwarranted dismissal took place.
In Association of Independent Unions in the Philippines v. NLRC, 2 it was held that eight (8) years had already passed since the dismissed employees staged a strike, thus, the award of separation pay in lieu of reinstatement was deemed more practical and appropriate to all parties concerned.
In San Miguel Properties v. Gucaban, 3 aside from the passing of a decade since the employees' involuntary resignation, the Court considered possible reasons that would make reinstatement impracticable such as changes in the corporate structure through the years, thus, the former position occupied by the employee, or an equivalent thereof, may no longer be existing or may even be already occupied. Separation pay in lieu of reinstatement may also be for the best interest of the parties to prevent exacerbation of tension or compromised efficiency.
All told, there is no sufficient showing, as none was shown, that the Court of Appeals committed reversible error in rendering its assailed dispositions to warrant the Court's exercise of its discretionary appellate jurisdiction. The backwages, separation pay, and attorney's fees awarded shall earn legal interest of six percent (6%) per annum from finality of this Resolution until their full satisfaction conformably with Nacar v. Gallery Frames. 4
WHEREFORE, the Decision dated October 30, 2020 and the Resolution dated May 31, 2021 of the Court of Appeals in CA-G.R. SP No. 162197 are AFFIRMED with MODIFICATION. The monetary award shall earn six percent (6%) legal interest per annum from finality of this Resolution until fully paid.
SO ORDERED." Lopez, J., J., took no part; Perlas-Bernabe, J., designated additional Member per Raffle dated November 29, 2021.
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.A. Nate Casket Maker v. Arango, 796 Phil. 597, 613 (2016).
2. 364 Phil. 697, 713 (1999).
3. 669 Phil. 288, 302 (2011).
4.See 716 Phil. 267 (2013).