02 Archilles V NLRC (Tiglao)
02 Archilles V NLRC (Tiglao)
02 Archilles V NLRC (Tiglao)
RATIO:
Although the reinstatement aspect of the decision is immediately executory, it does not follow that it is self-executory. There
must be a writ of execution which may be issued motu proprio or on motion of an interested party. (Maranaw Hotel Resort
Corporation v. NLRC)
It is important to note that the motions of private respondents for the issuance of a writ of execution were not acted upon by
NLRC. It was not shown that respondent exerted efforts to have their motions resolved. They are deemed to have abandoned
their motions for execution pending appeal. They cannot now ask that the writ of execution be issued since their dismissal was
found to be for cause.
On the second issue, which refers to the propriety of the award of a 13th month pay, paragraph 6 of the Revised Guidelines on
the Implementation of the 13th Month Pay Law (P. D. 851) provides that "(a)n employee who has resigned or whose services
were terminated at any time before the payment of the 13th month pay is entitled to this monetary benefit in proportion to the
length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of
his resignation or termination from the
service . . . The payment of the 13th month pay may be demanded by the employee upon the cessation of employer-employee
relationship. This is consistent with the principle of equity that as the employer can require the employee to clear himself of all
liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the termination of
the relationship."
Furthermore, Sec. 4 of the original Implementing Rules of P.D. 851 mandates employers to pay their employees a 13th month
pay not later than the 24th of December every year provided that they have worked for at least one (1) month during a calendar
year. In effect, this statutory benefit is automatically vested in the employee who has at least worked for one month during the
calendar year. As correctly stated by the Solicitor General, such benefit may not be lost or forfeited even in the event of the
employee's subsequent dismissal for cause without violating his property rights.
RELEVANT PROVISION:
Article 223(3), Labor Code:
In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement
aspect is concerned, shall be immediately executory, even pending appeal. The employee shall either be admitted back to work
under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely
reinstated in the payroll. The posting of the bond by the employer shall not stay the execution for reinstatement provided
herein.