Professional Documents
Culture Documents
Position
Date of
Employment
Salary Rate
per Day
Fulgencio A.
Ibon
Security
Guard
February 1991
PHP420/12 hrs
Date of
Dismissal
from
Employment
February 16,
2015
II
WHETHER OR NOT COMPLAINANT IS ENTITLED TO PAYMENT
FOR SALARY DIFFERENTIAL, OVERTIME PAY, HOLIDAY PAY,
PREMIUM PAY FOR REST DAY, HOLIDAY AND NIGHT SHIFT,
SERVICE INCENTIVE LEAVE PAY, SEPARATION PAY,
BACKWAGES, MORAL AND EXEMPLARY DAMAGES, AND
ATTORNEYS FEES.
FOR OVERTIME PAY, HOLIDAY PAY, PREMIUM PAY FOR REST DAY
HOLIDAY AND NIGHT SHIFT AND SERVICE INCENTIVE LEAVE PAY
Complainant is entitled to all these because he worked for all
these. However, since July 10, 2014, when he was assigned at
Budget Builder Inc., he was deprived of these.
FOR SEPARATION PAY AND BACKWAGES
Complainant is likewise entitled to separation pay and
backwages. Since reinstatement is no longer advisable because of
strained relations between the parties, complainant shall be given
separation pay. Also, because of the unjust dismissal, complainant
shall be given backwages representing compensation that should
have been earned but were not collected.
FOR MORAL AND EXEMPLARY DAMAGES AND ATTORNEYS FEES
Complainant is entitled to moral and exemplary damages in the
amount of PHP50,000.00, respectively. As well, he is entitled to
attorneys fees in the amount of ten percent (10%) of his total
monetary award, having been forced to litigate in order to seek
redress of his grievances, pursuant to Article 111 of the Labor Code.
In cases like, SAN MIGUEL PROPERTIES PHILIPPINES, INC.,
vs GUCABAN, G.R. No. 153982, July 18, 2011; Mayon Hotel
and Restaurant v. Adana, 497 Phil. 892, 922 (2005); and
Litonjua Group of Companies v. Vigan, 412 Phil. 627, 643
(2001), the honorable high tribunal has enunciated, that:
moral damages are awarded in termination cases
where the employees dismissal was attended by
bad faith, malice or fraud, or where it constitutes
an act oppressive to labor, or where it was done in
a manner contrary to morals, good customs or
public policy.
In the present case, the complainants long wait for new
assignment is an oppression he having been unjustly deprived of
income to feed his family. The same is also against public policy for
the waiting exceeds the allowed six (6) months period.
To give example to all employers, that they may avoid paying
disrespect to labor laws to the oppression of the laborers, awarding
exemplary damages is just apt.
Copy furnished:
ALESNA SECURITY & DETECTIVE AGENCY, INC.
_____________________
376-D Visitacion Street, Sambag II, Cebu City
______________________________
Received
by:
Date:
JOSEPH AL L. ALESNA
_____________________
376-D Visitacion Street, Sambag II, Cebu City
______________________________
Received
FRANCISCO L. ALESNA
_____________________
376-D Visitacion Street, Sambag II, Cebu City
______________________________
Received
by:
Date:
by:
Date:
FULGENCIO A. IBON
Affiant
SUBSCRIBED AND SWORN to before me this _______ day of
_________________ 2015 at __________________________, affiant
exhibiting to me his SSS Identification Card No. 06-1012372-0 issued
at Cebu City.
10
11