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VALENTINO TORILLO v. VICENTE LEOGARDO

This case has been cited 5 times or more.

	GR No. 182295 2013-06-26	7K CORPORATION v. EDDIE ALBARICO SERENO, C.J.
Consequently, we also rule that the voluntary arbitrator may award backwages upon a finding of illegal dismissal, even though the issue of entitlement thereto is not explicitly claimed in the Submission Agreement. Backwages, in general, are awarded on the ground of equity as a form of relief that restores the income lost by the terminated employee by reason of his illegal dismissal.[34]
	GR No. 193756 2013-04-10	VENANCIO S. REYES v. RP GUARDIANS SECURITY AGENCY MENDOZA, J.
Settled is the rule that that an employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges, and to his full backwages, inclusive of allowances and to his other benefits or their monetary equivalent computed from the time his compensation was withheld up to the time of actual reinstatement.[19] If reinstatement is not possible, however, the award of separation pay is proper.[20]
	GR No. 172670 2009-01-20	RBC CABLE MASTER SYSTEM v. MARCIAL BALUYOT PUNO, J.
Finally, an employee who is illegally dismissed is entitled to the twin reliefs of full backwages and reinstatement. If reinstatement is not viable, separation pay is awarded to the employee.[17] In awarding separation pay to an illegally dismissed employee, in lieu of reinstatement, the amount to be awarded shall be equivalent to one (1) month salary for every year of service.[18] Under Republic Act No. 6715, employees who are illegally dismissed are entitled to full backwages, inclusive of allowances and other benefits or their monetary equivalent, computed from the time their actual compensation was withheld from them up to the time of their actual reinstatement but if reinstatement is no longer possible, the backwages shall be computed from the time of their illegal termination up to the finality of the decision.[19]
	GR NO. 152039 2005-04-08	F.F. MARINE CORPORATION v. SECOND DIVISION NLRC TINGA, J.
It is well-settled that when a person is illegally dismissed, he is entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages.[54] In the event, however, that reinstatement is no longer feasible, or if the employee decides not to be reinstated, the employer shall pay him separation pay in lieu of reinstatement.[55] Such a rule is likewise observed in the case of a strained employer-employee relationship or when the work or position formerly held by the dismissed employee no longer exists.[56] In sum, an illegally dismissed employee is entitled to: (1) either reinstatement if viable or separation pay if reinstatement is no longer viable, and (2) backwages.[57]
	GR No. 157907 2004-11-25	CHRONICLE SECURITIES CORPORATION v. NLRC YNARES-SATIAGO, J.
Backwages, in general, are granted on grounds of equity for earnings which a worker or employee has lost due to his illegal dismissal.[32] It represents compensation that should be earned but was not collected because an employer has unjustly dismissed an employee.[33] Thus, the payment of backwages is a form of relief that restores the income that was lost by reason of unlawful dismissal.[34]