VALENTINO TORILLO, vs. VICENTE LEOGARDO, JR., in his official capacity as Deputy Minister of Labor; the HONORABLE MINISTER OF LABOR AND EMPLOYMENT; and ABERDEEN COURT, INC..
- G.R. Number: G.R. No. 77205
- Promulgated: 1991-05-27
- Ponente: Fernan, J.
Doctrine
The Court held that the clarificatory order was erroneous insofar as it declared that backwages are available only where reinstatement is ordered.
Facts
The core issue is whether backwages may be awarded in addition to separation pay when reinstatement is no longer feasible.
Petitioner Valentino Torillo (alias 'Lady Valerie') was employed as an organist by Aberdeen Court, Inc. from October 1977 at a daily wage of P115.00 for five hours per day.
Torillo held a birthday outing on 2 July 1978 despite employer's objection that the following day was a working day; he was later dismissed and found to have been illegally dismissed in 1978.
The case was pending almost 13 years; the Court fixed the exact total amount due as P146,255.37 representing backwages, separation pay, holiday pay and unpaid wages.
Issues
Whether an award of backwages in addition to separation pay is proper where reinstatement is no longer feasible.
Ruling
The petition is granted; the Court modified Labor Case No. R-4-STF-7-4525-78 and ordered Aberdeen Court, Inc. to pay Torillo P146,255.37 for backwages, separation pay, holiday pay and unpaid wages; decision immediately executory and costs against respondent.