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Respondents.
Republic of the Philippines
Supreme Court
Manila
FIRST DIVISION
BPI EMPLOYEES UNION
METRO MANILA and
ZENAIDA UY,
Petitioners,
x------------------------------------------------------------------x
DECISION
terminated
disrespect/discourtesy
ISLANDS,
- versus -
Respondent.
x---------------------x
BANK OF THE PHILIPPINE
ISLANDS,
Petitioner,
- versus -
on
grounds
towards
of
gross
an
officer,
illegal dismissal.
2
dismissal until her actual
reinstatement;
and
2)
respondent
BPI
is ORDERED to
reinstate
petitioner Uy to her former
position, or to a substantially
equivalent one, without loss
of seniority right and other
benefits attendant to the
position.
Omega watch.[13]
BPI disputed Uy's/Unions computation
arguing that it contains items which are not
included in the term back wages and that no
[14]
[12]
Allowance,
Functional
SO ORDERED.[11]
Tellers
of
her
back
wages
on
the
Voluntary
Arbitrator
agreed
with
all
benefits
under
the
Medical
Tellers
Vacation
...........................
....... 14, 120.00
and
Doctors
Allowance.......
.......................
...... 58, 400.00
Functional
Allowance.......
.......................
.......... 25,
500.00
Leave.................
...........................
...........................
..... 187, 085.50
Leave.................
...........................
...........................
............. 187,
085.50
Pay.....................
...........................
...........................
....... 128,
808.65
Fee....................
...........................
...........................
.... 354, 290.72
Sick
Holiday
Attorneys
erroneous
computation
of
back
wages
Grand
Total...................
...........................
...........................
...........P 3,897,
197.89[16]
allowance.
not
dismissal.
that BPIs
remedy
is
substance.
for
4,
Amended Decision.
Meanwhile,
the
CA
issued
motions
reconsideration. Consequently, on
July
issued
on
December
12,
upheld
Union
for
TRO
filed
an
Clarification[22] on
The
CA
Urgent
whether
initially
Motion
the
rendered
the
propriety
of
BPIs
resort
5
dismissal up to her actual
reinstatement;
2.
Tellers
Functional
Allowance, based on the
rate at the time of her
dismissal;
Basic
Monthly
Salary, COLA and Quarterly
Bonus, with P10,895.00 as
the base figure, computed
from the time of her
3.
Monetary Equivalent
of Vacation and Sick Leaves,
and Holiday Pay, based on
the rate at the time of her
dismissal;
4.
Attorneys Fees,
which is 10% of the total
amount of the award.
We answer in the
affirmative.
The wordings of
the Resolution ordering the
issuance of a temporary
restraining order are clear.
The TRO was issued to
restrain the implementation
and/or enforcement of the
Public Respondents Order
dated December 6, 200[5]
and the Writ of Execution,
From
the
foregoing
Amended
Issues
attorneys fees.
Voluntary
Arbitrator
rendered
WHEREFORE,
premises
considered, judgment is
hereby rendered declaring
the dismissal of complainant
Zenaida Uy as illegal and
ordering the respondent
Bank of the Philippine Islands
to immediately reinstate her
to her position as bank teller
of the Escolta Branch without
loss of seniority rights and
with
full
backwages
computed from the time she
was dismissed on December
14, 1995 until she is actually
reinstated in the service, and
including all her other
benefits which are benefits
under
their
Collective
Bargaining
Agreement
(CBA).
For reasonable attorneys
fees, respondent is also
ordered to pay complainant
his
7
the equivalent of 10% of the
recoverable award in this
case.
SO ORDERED.[27]
disposing thus:
WHEREFORE, the
instant
petition
is GRANTED. The assailed
28 October 1998 Decision
and
8
March
1999
Resolution of the Court of
Appeals
are
hereby MODIFIED as
follows: 1) respondent BPI
is DIRECTED to
pay
petitioner Uy backwages
from the time of her illegal
dismissal until her actual
reinstatement;
and
2)
respondent
BPI
is ORDERED to
reinstate
petitioner Uy to her former
position, or to a substantially
equivalent one, without loss
of seniority right and other
benefits attendant to the
position.
SO ORDERED.[30]
From the foregoing, it is clear that Uys
and the Unions contention that the March 31,
2005 Decision of this Court in G.R. No. 137863
8
compensation was withheld
from him up to the time of his
actual reinstatement. (Italics
supplied)
Jurisprudence
dictates
that
such
thus
fully
agree
with
[34]
the
December
31,
1997
Decision. There is a need to
read the findings and
conclusions reached by the
Supreme Court in the subject
decision to understand what
was finally adjudicated.
In the dispositive
portion of Its Decision of
March 31, 2005, the
Supreme Court expressly
awarded Uy full backwages
from the time of her dismissal
up to the time of her actual
reinstatement. The
full
backwages, as referred to in
the body of the decision
pertains to backwages as
defined in Republic Act No.
6715. Under said law, and as
provided
in
numerous
jurisprudence, full backwages
means backwages without
any
deduction
or
qualification,
including
benefits or their monetary
equivalent the employee is
enjoying at the time of his
dismissal.
Clearly, it is the
intention of the Supreme
Court to grant unto Private
Respondent
Uy
full
backwages as defined under
RA 6715. Consequently, any
benefit or allowance over and
above that allowed and
provided by said law is
Decision:
Based
on
the
evidence, We find Uy to be
entitled to Attorneys fees.
True, the SC Decision did not
include the award of
attorneys fees; however, after
the
Public
Respondent
awarded said attorneys fees
in
favor
of
Private
Respondent Uy, said award
was neither assailed nor
raised as an issue before the
Court of Appeals and the
Supreme Court. Hence, the
March 31, 2005 Decision of
the Supreme Court and the
Court of Appeals Decision as
modified no longer mention
said award.
Consequently,
as
the right of Uy to attorneys
fees has already been
resolved and had attained
finality, Petitioner cannot now
question its inclusion to the
computation of awards given
to Private Respondent Uy
during
the
execution
proceedings.[37]
of her pleadings.
BPI's resort to certiorari under Rule 65 of the
Rules of Court is proper.
10
disclose
was
of right.
the petition.
bare allegation.
that
Uy's/Unions
petition
pursuant
to
company
SP
No.
92631
is
hereby AFFIRMED
1.
2.
11
3.
6.
5.
Interest
at
12% per
The
Voluntary
hereby ORDERED TO
Arbitrator
is
RECOMPUTE the
SO ORDERED.