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LORENZO T. TANGGA-AN v. PHILIPPINE TRANSMARINE CARRIERS

This case has been cited 4 times or more.

2016-01-25
DEL CASTILLO, J.
Finally, petitioner is also entitled to attorney's fees equivalent to 10per cent (10%) of the total award. The unjustified acts of respondents clearly compelled him to institute an action primarily to vindicate his rights and protect his interest. Indeed, when an employee is forced to litigate and incur expenses to protect his rights and interest, he is entitled to an award of attorney's fees.[58]
2015-10-14
PERALTA, J.
Settled is the rule that an employee who was illegally dismissed from work is entitled to reinstatement without loss of seniority rights, and other privileges, as well as to full backwages, inclusive of allowances, and to other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.[45] Since reinstatement is no longer feasible as Lopez' former position no longer exists,[46] his backwages shall be computed from the time of illegal dismissal up to the finality of the decision.[47] Backwages include the whole amount of salaries plus all other benefits and bonuses and general increases to which he would have been normally entitled had he not been illegally dismissed,[48] such as the legally mandated Emergency Cost of Living Allowance (ECOLA) and thirteenth (13th) month pay, and the meal and transportation allowances prayed for by Lopez.[49]
2015-10-07
PERALTA, J.
Having been illegally dismissed from work, Albia is entitled to reinstatement without loss of seniority rights, and other privileges, as well as to full backwages, inclusive of allowances, and to other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.[56] Backwages include the whole amount of salaries plus all other benefits and bonuses and general increases to which Albia would have been normally entitled had he not been illegally dismissed,[57] such as the legally-mandated Emergency Cost of Living Allowance (ECOLA), 13th month pay, and service incentive leave pay, as well as the unpaid holiday pay for such holidays that he worked based on Convoy's daily trip summary breakdowns.[58] Hence, the Court upholds the CA in ordering Convoy to reinstate Albia and pay his full backwages from the date of his termination on July 23, 2004 until his actual reinstatement.
2014-11-19
DEL CASTILLO, J.
As to the grant of 10% of the total award as attorney's fees, the same is warranted because Villareal was impelled to litigate to protect his interests.[59]