G.R. No. 173921/G.R. No. 173952. February 24, 2016

G.R. No. 173921/G.R. No. 173952. February 24, 2016 is part of the list of decisions made by the Supreme Court.
==Case Details==
*Philippine Airlines, Inc. Vs. Isagani Dawal, et al./Isagani Dawal, et al. Vs. National Labor Relations Commission, et al.
*G.R. No. 173921/G.R. No. 173952. February 24, 2016
*Justice xxx
*http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/61807
*xxx
==Issue==
*xxx
==Info==
Article 274 of the Labor Code, as amended, qualifies Article 259(i):[V]iolations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement. For purposes of this article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement. In Silva v. National Labor Relations Commission,[322]
 we held that for there to be unfair labor practice, the violation of the Collective Bargaining Agreement must be gross and must be related to the Agreement's economic provisions. Here, Dawal, et al. charge PAL of violating the provisions on Job Security in the Collective Bargaining Agreement, which are non-economic in nature. Thus, PAL's acts do not constitute unfair labor practice under Article 259(i) of the Labor Code.
"Finally, aside from reinstatement with backwages, illegally dismissed employees are entitled to interest at the legal rate. In view of our ruling in Nacar v. Gallery Frames and the existing temporary restraining order on the Court of Appeals Decision, the rate of legal interest shall be 6% per annum beginning from the date of promulgation of this judgment until fully paid."
==Decision==
WHEREFORE, the Petition is DENIED. The Court of Appeals' July 21, 2004 Decision and July 28, 2006 Resolution in CA-G.R. SP No. 73030 are AFFIRMED with MODIFICATION. Judgment is rendered in favor of xxx, xxx, and xxx:
(1)	Ordering Philippine Airlines, Inc. to immediately reinstate xxx, xxx, and xxx to positions equivalent to their former positions without loss of seniority rights and other benefits upon receipt of this Decision. 	Ordering Philippine Airlines, Inc. to immediately reinstate xxx, xxx, and xxx to positions equivalent to their former positions without loss of seniority rights and other benefits upon receipt of this Decision. 	Ordering Philippine Airlines, Inc. to immediately reinstate xxx, xxx, and xxx to positions equivalent to their former positions without loss of seniority rights and other benefits upon receipt of this Decision.
 	 	 	
(2)	Ordering Philippine Airlines, Inc. to pay xxx, xxx, and xxx their full backwages based on their last salary received, other privileges, allowances, and benefits or their monetary equivalent, computed from the date of their dismissal on September 1, 2000 until their reinstatement, based on the last salary they had received. As of July 31, 2001, Isagani Dawal's, Lorna Concepcion's, and Bonifacio Sinobago's backwages are in the amounts stated and specified below:	Ordering Philippine Airlines, Inc. to pay xxx, xxx, and xxx their full backwages based on their last salary received, other privileges, allowances, and benefits or their monetary equivalent, computed from the date of their dismissal on September 1, 2000 until their reinstatement, based on the last salary they had received. As of July 31, 2001, Isagani Dawal's, Lorna Concepcion's, and Bonifacio Sinobago's backwages are in the amounts stated and specified below:	
 	 	 	
 	(a) 	Isagani Dawal 	
 	 	- P17,170.00 x 12 months from September 1, 2000 to July 31, 2000 = P206,040.00 	
 	 	 	
 	(b) 	Lorna Concepcion 	
 	 	- P22,540.00 x 12 months from September 1, 2000 to July 31, 2000 = P270,480.00 	
 	 	 	
 	(c) 	Bonifacio Sinobago 	
 	 	- P21,675.00 x 12 months from September 1, 2000 to July 31, 2000 = P260,100.00 	
 	 	 	
 	It should be stated and understood that the backwages of xxx, xxx, and xxx shall be subject to further computation up to their reinstatement. It should be further stated and understood that the separation pay actually they had received should be deducted from their respective monetary awards. 	It should be stated and understood that the backwages of xxx, xxx, and xxx shall be subject to further computation up to their reinstatement. It should be further stated and understood that the separation pay actually they had received should be deducted from their respective monetary awards. 	
 	 	 	
(3)	Ordering Philippine Airlines, Inc., in the event that there are no equivalent positions to which xxx, xxx, and xxx may be reinstated (or where reinstatement is not possible), to pay, in addition to the separation pay already given them, their full backwages based on their last salary received, other privileges, allowances, and benefits or their monetary equivalent, computed from their dismissal on September 1, 2000 until their supposed actual reinstatement. 	Ordering Philippine Airlines, Inc., in the event that there are no equivalent positions to which xxx, xxx, and xxx may be reinstated (or where reinstatement is not possible), to pay, in addition to the separation pay already given them, their full backwages based on their last salary received, other privileges, allowances, and benefits or their monetary equivalent, computed from their dismissal on September 1, 2000 until their supposed actual reinstatement. 	
 	 	 	
(4)	Ordering Philippine Airlines, Inc. to pay xxx P50,000.00 as nominal damages for failure to provide advanced (30-day) notice prior to his termination. 	Ordering Philippine Airlines, Inc. to pay xxx P50,000.00 as nominal damages for failure to provide advanced (30-day) notice prior to his termination. 	
 	 	 	
(5)	Ordering Philippine Airlines, Inc. to pay xxx, xxx, and xxx P50,000.00 each as moral damages and P10,000.00 each as exemplary damages. 	Ordering Philippine Airlines, Inc. to pay xxx, xxx, and xxx P50,000.00 each as moral damages and P10,000.00 each as exemplary damages. 	
 	 	 	
(6)	Ordering Philippine Airlines, Inc. to pay xxx, xxx, and xxx attorney's fees equivalent to ten percent (10%) of their respective total monetary award. 	Ordering Philippine Airlines, Inc. to pay xxx, xxx, and xxx attorney's fees equivalent to ten percent (10%) of their respective total monetary award. 	
 	 	 	
(7)	Ordering Philippine Airlines, Inc. to pay legal interest of six percent (6%) per annum of xxx, xxx, and xxx's total monetary awards computed from the date of finality of this judgment until fully paid. 	Ordering Philippine Airlines, Inc. to pay legal interest of six percent (6%) per annum of xxx, xxx, and xxx's total monetary awards computed from the date of finality of this judgment until fully paid. 	
All other claims are dismissed.
==Trivia==