Lawyerly

You're currently signed in as:
User

NISSAN NORTH EDSA BALINTAWAK v. ANGELITO SERRANO

This case has been cited 4 times or more.

	GR No. 170904 2013-11-13	BANI RURAL BANK v. TERESA DE GUZMAN BRION, J.
"By jurisprudence derived from this provision, separation pay may [also] be awarded to an illegally dismissed employee in lieu of reinstatement."[35] Section 4(b), Rule I of the Rules Implementing Book VI of the Labor Code provides the following instances when the award of separation pay, in lieu of reinstatement to an illegally dismissed employee, is proper: (a) when reinstatement is no longer possible, in cases where the dismissed employee's position is no longer available; (b) the continued relationship between the employer and the employee is no longer viable due to the strained relations between them; and (c) when the dismissed employee opted not to be reinstated, or the payment of separation benefits would be for the best interest of the parties involved.[36] In these instances, separation pay is the alternative remedy to reinstatement in addition to the award of backwages.[37] The payment of separation pay and reinstatement are exclusive remedies. The payment of separation pay replaces the legal consequences of reinstatement to an employee who was illegally dismissed.[38]
	GR No. 152234 2010-04-15	DIVERSIFIED SECURITY v. ALICIA V. BAUTISTA PERALTA, J.
Having firmly established that petitioner dismissed respondent without just cause, and without notice and hearing, then it is only proper to apply Article 279 of the Labor Code which provides that an illegally dismissed employee "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 from him up to the time of his actual reinstatement." In addition to full backwages, the Court has also repeatedly ruled that in cases where reinstatement is no longer feasible due to strained relations, then separation pay may be awarded instead of reinstatement.[14] In Mt. Carmel College v. Resuena,[15] the Court reiterated that the separation pay, as an alternative to reinstatement, should be equivalent to one (1) month salary for every year of service.[16]
	GR No. 187005 2010-04-07	FERDINAND A. PANGILINAN v. WELLMADE MANUFACTURING CORPORATION CARPIO MORALES, J.
Since reinstatement is no longer feasible in the present case, the award of separation pay in lieu of reinstatement is in order. Petitioner's prayer for the award of backwages is meritorious, it, and the award of separation pay not being mutually exclusive.[15]
	GR No. 164118 2010-02-09	SARGASSO CONSTRUCTION v. NLRC PERALTA, J.
Under Article 279 of the Labor Code, an illegally dismissed employee "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 from him up to the time of his actual reinstatement." In addition to full backwages, the Court has also repeatedly ruled that in cases where reinstatement is no longer feasible due to strained relations, then separation pay may be awarded instead of reinstatement.[10] In Mt. Carmel College v. Resuena,[11] the Court reiterated that the separation pay, as an alternative to reinstatement, should be equivalent to one (1) month salary for every year of service.[12]