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BEBIANO M. BAÑEZ v. DOWNEY C. VALDEVILLA

This case has been cited 1 times or more.

2006-03-10
CALLEJO, SR., J.
On the claim of Molina that he was denied due process, PPI averred that he was given sufficient opportunity to present his personal submissions before finally issuing the notice of dismissal but Molina persistently refused to submit his explanation. [34] PPI further argued that he was not entitled to the payment of 13th and 14th month salaries, overriding commission, profit bonus, actual, moral or exemplary damages, and attorney's fees. PPI maintained that, under Article 217(a) of the Labor Code, as amended, and the ruling of this Court in Bañez v. Valdevilla, [35] Molina should be held liable for P1,000,000 as moral damages and an amount not less than P428,400.00 for the salary he received during the time when the restraining order/ writ of injunction was erroneously enforced. [36]