Title
Philippine National Construction Corp. vs. National Labor Relations Commission
Case
G.R. No. 122440
Decision Date
Feb 12, 1998
Worker's backwages computed based on local wage rate, not overseas salary, as overseas contract expired and benefits were paid.
A

Case Summary (G.R. No. 122440)

Case Background

Federico Dagasdas was employed by PNCC in 1971 and worked in various projects, including overseas assignments in the Middle East starting in 1979, where he earned a rate of $2.20 per hour. After the completion of his overseas project in 1984, he returned to the Philippines but was not assigned further work by PNCC. Consequently, he filed a complaint for illegal dismissal on May 15, 1989.

Procedural History

The initial complaint was dismissed by a labor arbiter based on the ground of prescription. However, upon appeal, the NLRC reversed this decision, ordering reinstatement and the payment of backwages for three years. The Supreme Court subsequently denied PNCC’s petition to contest this ruling and remanded the case back to the labor arbiter for computation of backwages based on the NLRC's determination.

Computation of Backwages

During the computation of backwages, the NLRC used Dagasdas' overseas salary rate, leading to a total backpay of ₱468,700. PNCC contested this figure, arguing that the backwages should reflect local wage rates based on Dagasdas' employment status as a pool employee after the project. PNCC calculated the backwages at a rate of ₱28,392 based on local rates at the time of Dagasdas' return.

NLRC Decision and PNCC's Appeal

The NLRC set aside the labor arbiter’s order which favored PNCC and reinstated the computation that used the overseas rate. PNCC's motion for reconsideration was denied, prompting PNCC to bring the issue before the Supreme Court, specifically questioning whether the NLRC had gravely abused its discretion in choosing the overseas salary as the basis for backwages.

Legal Analysis

In considering the legality of Dagasdas' dismissal, the Court underscored that backwages aim to compensate an employee for lost income due to unlawful termination. The ruling emphasized that an illegally dismissed employee should be restored to their prior employment status and compensation. The Court found that Dagasdas’ contract for overseas employment had a definite term and had expired in 1984. Upon completion of that pr

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