R.A. Pahati Construction and Supply, Inc. v. Madero

THIRD DIVISION

[G.R. No. 233771. August 26, 2020.]

R.A. PAHATI CONSTRUCTION AND SUPPLY, INC. and JELLA P. CENIZA, petitioners,vs. JOHN P. MADERO, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution dated August 26, 2020, which reads as follows:

"G.R. No. 233771(R.A. Pahati Construction and Supply, Inc. and Jella P. Ceniza v. John P. Madero). — This Court has carefully reviewed the allegations, issues, and arguments adduced in the instant Petition for Review on Certiorari1 and accordingly resolves to deny the same for failure to sufficiently show that the Court of Appeals committed any reversible error in reinstating the Decision 2 dated November 28, 2014 of the Labor Arbiter finding respondent illegally dismissed by petitioners. In a Resolution dated January 22, 2018, respondent was required to file a comment on the petition. 3 On April 16, 2018, respondent complied and filed his Comment. 4 CAIHTE

As regards the monetary award, the cash bond in the amount of P82,922.80 released to respondent is considered only a partial satisfaction of the Labor Arbiter awards in the Decision dated November 28, 2014. 5

WHEREFORE, the petition is DENIED. The Decision dated February 22, 2017 and the Resolution dated August 9, 2017 of the Court of Appeals in CA-G.R. SP No. 140763 are AFFIRMED. Petitioners R.A. Pahati Construction and Supply, Inc. and Jella P. Ceniza are ORDERED to pay respondent John P. Madero the following:

1. Full backwages computed from July 29, 2013 until finality of this Resolution;

2. Separation pay, in lieu of reinstatement, computed from 2005 until finality of this Resolution, at the rate of one (1)-month salary for every year of service, with a fraction of a year of at least six (6) months to be considered as one (1) whole year;

3. 13th month pay, service incentive leave, and holiday pay benefits;

4. Nominal damages in the amount of P30,000.00;

5. Attorney's fees at ten percent (10%) of the monetary award; and

6. Interest of six percent (6%) per annum6 of the total monetary awards from the date of finality of this Resolution until fully paid.

The case is REMANDED to the Labor Arbiter to make a detailed computation of the amounts due to respondent less P82,922.80 received by respondent on petitioners' cash bond, which petitioners should pay without delay.

SO ORDERED."

By authority of the Court:

(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court

 

Footnotes

1.Rollo, pp. 13-27.

2.Id. at 50-57.

3.Id. at 295.

4.Id. at 306-319.

5.Id. at 57.

6.Nacar v. Gallery Frames, 716 Phil. 267 (2013).