Professional Documents
Culture Documents
of Labor
G.R. No. L-39889
(RB). He charged RB with ULP for harassment, unjust suspension from his
employment as Manager of respondent's San Juan branch and as member
of the Board of Trustees of the RB Provident Fund, as well as his unlawful
dismissal as Administrator and Secretary of the said fund, all due to his
militant espousal and defense of workers' rights. In a 1981 decision, the
court ordered RB to reinstate him immediately, but Republic Planters
Bank (RPB), a reorganized RB, refused to do so, alleging that because of
the economic problems, it needs to maintain a fresh batch of officers.
Court granted this exception, but still ordered RPB to reinstate Luna in an
equivalent position.
branch operations. Also, a new form of injustice and violation of security of tenure will
thus be committed by RPB on the new employee
RPB respectfully submits that subject order be qualified by allowing respondent
Republic Planters Bank to reinstate Norberto Luna if still possible to his old position,
and if not, he be given an equivalent position
issue
WON RPB may choose to reinstate Luna in to an equivalent position only. YES.
ratio
increases. Benefits and increases are allowed because of outstanding performance of duties and
not solely because of length of service.
However, the Court cannot allow the Republic Planters Bank to make deductions from the 3
year back-wages it has already paid to the complainant Norberto Luna. Equity must operate in
favor of the employee equally as it favors the employer.