This case has been cited 2 times or more.
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2007-09-12 |
AUSTRIA-MARTINEZ, J. |
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| Her separation from the service being invalid, petitioner is entitled to reinstatement to her former position with payment of backwages computed in accordance with our ruling in Batangas State University v. Bonifacio,[51] viz.:The Court of Appeals correctly ordered respondent's reinstatement. However, the award of backwages and other monetary benefits should not be limited to 5 years and must therefore be modified in line with the recent case of Civil Service Commission v. Gentallan. We held in said case that an illegally dismissed government employee who is later ordered reinstated is entitled to backwages and other monetary benefits from the time of her illegal dismissal up to her reinstatement. This is only fair and just because an employee who is reinstated after having been illegally dismissed is considered as not having left her office and should be given the corresponding compensation at the time of her reinstatement. | |||||
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2007-06-08 |
NACHURA, J |
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| Second. It is elementary that in cases of dismissal from employment, the burden of proof is upon the employer to show the validity of the dismissal.[27] Petitioners failed to discharge this burden. | |||||