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    #75 - DUMAPIS, Et - Al. V. LEPANTO

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    Kê Milan
    The document discusses the correct formula for computing separation pay and backwages for illegally dismissed employees based on a recent Supreme Court case. The Court ruled that the award should be computed from the time of illegal dismissal until the finality of the decision ordering payment, and should include all salary increases and benefits the employee would have received, except those contingent on performance or longevity. This ruling upholds the Constitutional mandate to protect labor and promote employment opportunities and security.

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    © All Rights Reserved
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    #75 - DUMAPIS, Et - Al. V. LEPANTO

    Uploaded by

    Kê Milan
    339 views2 pages
    The document discusses the correct formula for computing separation pay and backwages for illegally dismissed employees based on a recent Supreme Court case. The Court ruled that the award should be computed from the time of illegal dismissal until the finality of the decision ordering payment, and should include all salary increases and benefits the employee would have received, except those contingent on performance or longevity. This ruling upholds the Constitutional mandate to protect labor and promote employment opportunities and security.

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    #75_DUMAPIS, et.al. V. LEPANTO

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    The document discusses the correct formula for computing separation pay and backwages for illegally dismissed employees based on a recent Supreme Court case. The Court ruled that the award should be computed from the time of illegal dismissal until the finality of the decision ordering payment, and should include all salary increases and benefits the employee would have received, except those contingent on performance or longevity. This ruling upholds the Constitutional mandate to protect labor and promote employment opportunities and security.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    339 views2 pages

    #75 - DUMAPIS, Et - Al. V. LEPANTO

    Uploaded by

    Kê Milan
    The document discusses the correct formula for computing separation pay and backwages for illegally dismissed employees based on a recent Supreme Court case. The Court ruled that the award should be computed from the time of illegal dismissal until the finality of the decision ordering payment, and should include all salary increases and benefits the employee would have received, except those contingent on performance or longevity. This ruling upholds the Constitutional mandate to protect labor and promote employment opportunities and security.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    #75. DUMAPIS, et.al. V. LEPANTO CONSOLIDATED MINING CO.

    G.R. NO. 204060, SEPTEMBER 15, 2020

    ISSUE:
    What is the correct formula for computing the award of separation pay and backwages
    for illegally dismissed employees.

    INSTRUCTIONS LEARNED:
    In CICM Mission Seminaries, et al. v. Perez citing Bani Rural Bank, Inc. v. De Guzman, the
    Court through the Second Division laid down the rule that the award of separation pay
    and backwages for illegally dismissed employees should be computed from the time they
    got illegally dismissed until the finality of the decision ordering payment of their
    separation pay, in lieu of reinstatement.

    The Court now ordains the uniform rule that the award of backwages and/or separation
    pay due to illegally dismissed employees shall include all salary increases and benefits
    granted under the law and other government issuances, Collective Bargaining
    Agreements, employment contracts, established company policies and practices, and
    analogous sources which the employees would have been entitled to had they not been
    illegally dismissed. On the other hand, salary increases and other benefits which are
    contingent or dependent on variables such as an employee's merit increase based on
    performance or longevity or the company's financial status shall not be included in the
    award.

    This ruling is consistent with the Constitutional command that the State shall afford full
    protection to labor, viz.:

    Section 3. The State shall afford full protection to labor, local and overseas, organized and
    unorganized, and promote full employment and equality of employment opportunities
    for all. (Article XII)

    and the edict under Article 3, Chapter I of the New Labor Code, thus:

    Art. 3. Declaration of Basic Policy. The State shall afford protection to labor, promote full
    employment, ensure equal work opportunities regardless of sex, race or creed and
    regulate the relations between workers and employers. The State shall assure the rights
    of workers to self-organization, collective bargaining, security of tenure, and just and
    humane conditions of work.

    Most important, it conforms with the purpose to restore an illegally dismissed employees
    to the same status as if their employment was not illegally severed by allowing them to
    continuously enjoy the salary, benefits, and allowances they were assured to receive
    during the term of their employment.

    RAQUEL Q. CANDELARIA
    JD 4A
    LABOR LAW REVIEW
    As a point of clarification, we are not disturbing the final and executory decisions here as we are
    dealing only with their execution. We are concerned merely with the mathematical
    computation of what petitioners are entitled to as a result of the final and executory decisions in
    question.

    RAQUEL Q. CANDELARIA
    JD 4A
    LABOR LAW REVIEW

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