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North Davao Mining Corp., et al. vs NLRC, et al.

NORTH DAVAO MINING CORPORATION and ASSET PRIVATIZATION TRUST, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION, LABOR ARBITER ANTONIO M. VILLANUEVA and WILFREDO GUILLEMA, respondents.

G.R. No. 112546 | 1996-03-13

PANGANIBAN, J.:


Is a company which is forced by huge business losses to close its business, legally required to pay separation benefits to its employees at the time of its closure in an amount equivalent to the separation pay paid to those who were separated when the company was still a going concern? This is the main question brought before this Court in this petition for certiorari under Rule 65 of the Revised Rules of Court, which seeks to reverse and set aside the Resolutions dated July 29, 1993 1 and September 27, 1993 2 of the National Labor Relations Commission 3 (NLRC) in NLRC CA No. M-00139593.

The Resolution dated July 29,...