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Manila Bank vs. NLRC [SEPARATE OPINION, CONCURRING, VITUG, 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

CONCURRING OPINION

VITUG, J.:

I concur with Mr. Justice Santiago M. Kapunan in his ponencia for I find it unjust, if not absurd, to order Manilabank to share its profits where there evidently are no profits to speak of. Since 1984, Manilabank appears to have been placed under controllership by the Central Bank due to its precarious financial condition. I should like, however, to elaborate a bit on Article 110 of our Labor Code, as amended on 21 March 1989 by Republic Act No. 6715; this article provides:

 
ART. 110. Worker preference in case of bankruptcy - in the event of bankruptcy or liquidation of an employer’s...