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ANTONIO SURIMA v. NLRC

This case has been cited 2 times or more.

2007-08-28
CHICO-NAZARIO, J.
The question now arises: when is the period for computation of backwages and separation pay supposed to end? This question was squarely addressed in Gaco v. National Labor Relations Commission[23] where it was held that in such circumstance, the computation shall be up to the time of finality of this Court's decision. Apparently, the justification is that along with the finality of this Court's decision, the issue of illegal dismissal is finally laid to rest.[24]
2007-02-09
AZCUNA, J.
While, generally, petitioners' failure to comply with the procedural requirements prescribed under the Rules of Court would warrant the dismissal of the petition,[18] fundamental considerations of substantial justice persuade the Court to have the present case decided on the merits rather than dismissed on a technicality.[19] It is settled that the rules of procedure are not to be applied in a very strict and technical sense. These are used only to help secure rather than override substantial justice.  The stringent application of the rules must yield to the demands of substantial justice.[20]