LBP Service Corp. v. Tuppil
This is a civil case involving the illegal dismissal of employees from LBP Service Corporation. The Supreme Court of the Philippines denied the motion for reconsideration filed by the petitioner and affirmed its previous resolution. The Court also deleted the Court of Appeals' award of nominal damages, as it found no basis for such an award since the employees were illegally dismissed and were entitled to backwages, separation pay, and attorney's fees, with legal interest. The Court noted the respondents' manifestation and comment, which prayed that the petitioner's motion for reconsideration be denied for utter lack of merit.
ADVERTISEMENT
FIRST DIVISION
[G.R. No. 249747. March 15, 2022.]
LBP SERVICE CORPORATION, petitioner, vs.FELIPE V. TUPPIL, EULOGIO C. MALLILLIN,*GREGGO N. ALILIN**AND PABLO L. GALANO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedMarch 15, 2022which reads as follows: HTcADC
"G.R. No. 249747 (LBP Service Corporation, petitioner, v. Felipe V. Tuppil, Eulogio C. Mallillin, Greggo N. Alilin and Pablo L. Galano, respondents).
After a review of the records, the Court resolves to DENY the motion for reconsideration for being a mere rehash of the arguments in the petition.
However, there is a need to DELETE the Court of Appeals' award of nominal damages for lack of basis.
Under the Civil Code, nominal damages are adjudicated in order that a right of a plaintiff, which has been violated or invaded by another, may be vindicated or recognized without having to indemnify the plaintiff for any loss he suffered. In labor cases, nominal damages are awarded when an employer removes an employee for a just or authorized cause but without complying with the requirements of due process. 1
In this case, respondents were illegally dismissed. As the fact of illegal dismissal had already been established, respondents are entitled to two (2) separate and distinct reliefs, namely: 1) backwages; and 2) reinstatement or the payment of separation pay if reinstatement is no longer viable. 2 The Court of Appeals accordingly awarded respondents backwages, separation pay, and attorney's fees, with legal interest. 3
The finding of illegal dismissal is clearly discordant with the award of nominal damages.
WHEREFORE, premises considered, the motion for reconsideration is DENIED. The December 5, 2019 Resolution 4 of the Court is AFFIRMED with MODIFICATION that the award of nominal damages is DELETED.
The respondents' manifestation and comment (on petitioners' motion for reconsideration) praying, among others, that the petitioner's motion for reconsideration be denied for utter lack of merit is NOTED.
NO FURTHER pleadings, motions, letters or other communications shall be entertained herein.
Let an ENTRY of judgment in this case be issued immediately.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
* Also referred to as "Eulogio C. Mallilin" in some parts of the rollo.
** Also referred to as "Geggo N. Alilin" in some parts of the rollo.
1. See Agabon v. National Labor Relations Commission, 485 Phil. 248, 288 (2004); citing Viernes v. National Labor Relations Commission, 448 Phil. 690, 703-704 (2003); and Navotas Shipyard Corporation v. Montallana, 730 Phil. 279, 290 (2014). See also Distribution & Control Products, Inc. v. Santos, 813 Phil. 423, 433 (2017), and Monsanto Philippines, Inc. v. National Labor Relations Commission, G.R. Nos. 230609-10, August 27, 2020 where the Court affirmed the Court of Appeals' Decision which deleted the award of nominal damages by the National Labor Relations Commission for lack of basis given that the employees' were found to be illegally dismissed by their respective employers.
2.Fabricator Philippines, Inc. v. Estolas, 818 Phil. 1035, 1044 (2017).
3. Pursuant to Nacar v. Gallery Frames, 716 Phil. 267 (2013).
4.Rollo, pp. 365-366.
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