G.R. Nos. 178699/178735. September 21, 2011

[http://sc.judiciary.gov.ph/jurisprudence/2011/september2011/178699.htm G.R. Nos. 178699/178735. September 21, 2011] is a decisions 2011 of the Supreme Court of the Philippines.

BPI Employees Union-Metro Manila, et al. Vs. Bank of the Philippine Islands/Bank of the Philippine Islands Vs. BPI Employees Union-Metro Manila, et al.

Issues
G.R. No. 178699

Uy and the Union argue that the CA effectively amended the final Decision in G.R. No. 137863. They allege that the issues raised in G.R. No. 137863 were confined only to the propriety of the CAs award of back wages for a fixed period of three years as well as the order for the payment of separation pay in lieu of reinstatement. Hence, the Voluntary Arbitrators award of CBA benefits as components of Uys back wages and the attorneys fees, which were not raised as issues in G.R. No. 137863, should no longer be disturbed.Uy and the Union likewise assail the CAs order restraining Uys reinstatement despite the finality of this Courts Decision ordering such reinstatement. They also fault the CA in not dismissing BPIs petition for being an improper mode of appeal. Finally, Uy and the Union assert that a twelve percent (12%) interest per annum should be imposed on the total amount due to Uy, computed from the finality of the Decision of this Court in G.R. No. 137863 until full compliance thereof by BPI.

G.R. No. 178735

On the other hand, BPI alleges that Uy's/Unions petition should be dismissed for lack of proof of service of the petition on the lower court concerned as required by the Rules of Court. BPI also argues that the CA erred in including the tellers functional allowance and the vacation and sick leave cash equivalent in the computation of Uys backwages. Also, BPI questions the propriety of the award of attorneys fees.

Decision
WHEREFORE, the petitions in G.R. Nos. 178699 and 178735 are both PARTIALLY GRANTED. The Amended Decision dated July 4, 2007 of the Court of Appeals in CA-G.R. SP No. 92631 is hereby AFFIRMED with MODIFICATIONS. The back wages of Zenaida Uy should be computed as follows:
 * 1) Basic Monthly Salary, Cost of Living Allowance, Financial Assistance and Quarterly Bonus, with P10,895.00 as the base figure which is her salary rate at the time of her dismissal, computed from the time of her dismissal on December 14, 1995 up to her reinstatement on August 1, 2006;
 * 2) Tellers Functional Allowance, based on the rate at the time of her dismissal;
 * 3) Holiday Pay, based on the rate at the time of her dismissal;
 * 4) Attorneys Fees, which is 10% of the total amount of the award; and
 * 5) Interest at 12% per annum on the total amount of the awards commencing from the finality of the Decision in G.R. No. 137863 until full payment thereof.
 * 6) The award for the monetary conversion of vacation and sick leave is deleted.
 * 7) The Voluntary Arbitrator is hereby ORDERED TO RECOMPUTE the amounts due to Zenaida Uy in accordance with the above disposition.

SO ORDERED.

Trivia

 * *BPI
 * bank