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Valentino Torillo vs. Vicente Leogardo, Jr., et al.

VALENTINO TORILLO, petitioner, vs. VICENTE LEOGARDO, JR., in his official capacity as Deputy Minister of Labor; the HONORABLE MINISTER OF LABOR AND EMPLOYMENT, and ABERDEEN COURT, INC., respondents. F.P. Pobre & Associates for petitioner. Delos Reyes, Bonifacio, Delos Reyes for Aberdeen Court, Inc.

G.R. No. 77205 | 1991-05-27

D E C I S I O N


FERNAN, C.J.:

The main issue in this case is whether or not the award of backwages in addition to an award of separation pay to an illegally dismissed employee whose reinstatement is no longer feasible is proper.

Petitioner Valentino Torillo, alias "Lady Valerie," was employed as an organist by private respondent Aberdeen Court, Inc. in October 1977 with a daily compensation of P115.00 for five hour work a day. On July 2, 1978, he invited his co-employees for a night out in his hometown in Rosario, Cavite in celebration of his birthday. Private respondent objected to such activity, requesting its employees, if possible,...