They filed petition for certiorari sa CA. On February 24, 2011 CA affirmed NLRC decision and on Nov. 16, 2011 CA dismissed the motion for reconsideration.
We filed a motion for issuance of writ noon pa pong December 2010. The Labor Arbiter computed the backwages and separation pay reckoned from the date of dismissal up to May 30, 2010 only.
Ang tanong lang po namin is up to when po ba dapat talaga yong computations? Is it right that it was computed up to May 30, 2010 only, which is the supposed finality of NLRC decision or should it accumulate up to the finality of CA Decision or the actual payment of the separation pay?
Ang naging decision po kasi ng NLRC dated July 27, 2009 which was affirmed by CA is:
"To reinstate the complainants-appellants to their former positions or substantially equivalent positions, if already filled up, within ten (10) days from receipt of this order without loss of seniority rights, and to pay complainants-appellants full backwages from October 1, 2006 until the actual date of reinstatement , provided that the amount of separation pay already received by complainants-appellants shall be deducted from their backwages."
In a resolution dated March 26, 2010, NLRC denied the motion for reconsideration.
We have opted to receive separation pay in lieu of reinstate as per our manifestation with the Labor Arbiter on a motion dated July 2011.
Ngayon po ay for release na yong garnished amount. Are we not going to be barred from claiming the "missing" monetary award from May 31, 2010 up to the finality of CA Decision in case na tanggapin na po namin yong amount na nakalagay sa first writ of execution?
Ano po kaya mabuting gawin?