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Jacinto Retuya, et al. vs. Dumarpa, et al.

JACINTO RETUYA, PRISCILA B. VALE, BALTAZAR QUILAT, ABDON DAYSON and ELEUTERIO ENSALADA, petitioners, vs. Hon. SALIC B. DUMARPA, (Presiding Commissioner); Hon. OSCAR N. ABELLA and Hon. LEON G. GONZAGA JR. (Commissioners); NATIONAL LABOR RELATIONS COMMISSION (Fifth Division), Cagayan de Oro City; INSULAR BUILDERS, INC./ANTONIO MURILLO, President and General Manager; and RODOLFO MURILLO, respondents.

G.R. No. 148848 | 2003-08-05

D E C I S I O N

PANGANIBAN, J.:

Illegally dismissed employees are entitled to back wages that should not be diminished or reduced by the amount they have earned from another employment during the period of their illegal dismissal. On the other hand, the computation of the separation pay and the circumstances showing the existence of an employer-employee relationship are questions of fact that are generally not proper in a petition for review on certiorari.

The Case

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, assailing the February 9, 2001 Decision[2] and the June 11, 2001 Resolution[3] of the Court of Appeals...