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Saturday, April 23, 2005
Full back wages
By Dominador A. Almirante
Labor case digest
PETITIONER Tomas Claudio Memorial College Inc. assailed the decision of the Court of Appeals (CA) ordering it to pay back wages to private respondent Pedro Natividad from June 13, 1996 until the judgment shall become final and executory.
It alleged that Natividad was detained from June 10, 1996 to July 5, 1996, and from Nov. 21, 1996 to Feb. 17, 1997 for violations of the Dangerous Drugs Act. It claimed that Natividad would thereby be enriching himself at its expense. Did this claim find merit?
Ruling: No.
The payment of back wages is generally granted on the ground of equity. It is a form of relief that restores the income that was lost by reason of the unlawful dismissal; the grant thereof is intended to restore the earnings that would have accrued to the dismissed employee during the period of dismissal until it is determined that the termination of employment is for a just cause.
(Serrano v. NLRC, 323 Scra 445 (2000)). It is not private compensation or damages but is awarded in furtherance and effectuation of the public objective of the Labor Code. Nor is it a redress of a private right but rather in the nature of a command to the employer to make public reparation for dismissing an employee either due to the former’s unlawful act or bad faith.
(Imperial Textile Mills, Inc. v. NLRC, 217 SCRA 237 (1993); St. Theresa’s School of Novaliches Foundation v. NLRC, 289 SCRA 110 (1998.).
The award of back wages is not conditioned on the employee’s ability or inability to, in the interim, earn any income. While it may be true that on June 11, 1996, the private respondent was detained in Criminal Case 5137, the State Prosecutor found no probable cause for the detention of the private respondent and resolved to dismiss the case. The private respondent has not yet been convicted by final judgment in Criminal Case 5251. Indeed, he is presumed innocent until his guilt is proved beyond reasonable doubt.
In fine, we find and so hold that the decision of the CA is in accordance with law. (Tomas Claudio Memorial College Inc. vs. Court of Appeals, G.R. 152568, Feb. 16, 2004).
(April 23, 2005 issue)
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