Back

Manila Bank vs. NLRC [SEPARATE OPINION, DISSENTING, HERMOSISIMA, J.]

THE MANILA BANKING CORPORATION ("Manilabank") and ARNULFO B. AURELLANO in his capacity as Statutory Receiver of Manilabank, petitioners, vs. THE NATIONAL LABOR RELATIONS COMMISSION, VICTOR L. MENDOZA, RODOLFO VE. TIMBOL, RUBEN G. ASEDILLO, FLORINDA S. DAYRIT, and 19 other Senior Officers similarly situated; HORACE REYES and 14 other Senior Managers similarly situated; AURORA VILLACERAN and 34 other Assistant Managers similarly situated; CONSUELO RIZARRI, EMERENCIANA SAMSON, BRENDA C. BERMUDEZ, FLORYPEE ABRIGO, EMMA BALDERAMA, and 211 other Junior Officers similarly situated, respondents.

G.R. No. 107487 | 1997-09-29

DISSENTING/SEPARATE OPINION
 
HERMOSISIMA, JR., J.:

With all due respect, I believe that the majority opinion has oversimplified and overlooked some of the various issues posited in the consolidated cases of G.R. Nos. 107487 & 107902. It is very convenient to put up the argument that, since Manilabank is insolvent, it should not be made to pay its just obligations to its employees and that it is simply unjust, nay absurd, to compel it to pay the money claims of its employees consisting of unpaid wage increases and mid-year and Christmas bonuses.

Truth to tell:

(1)  The Manilabank is not bankrupt;

(2)  Its obligations to its...