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A complaint for illegal dismissal was filed by respondents against petitioners. The Labor Arbiter ruled that respondents were illegally dismissed. The same was affirmed by the NLRC. A subsequent Motion for Reconsideration was filed which the NLRC granted and dismissed the complaint. Petitioners then filed a petition for certiorari with the CA which the latter granted. Respondents moved for re-computation of their award to include their back wages and other benefits from the date of the decision of the LA up to the finality of the decision. The LA then issued an order increasing the amount respondents are entitled.
Was the re-computation necessary?
Yes. Regarding the claim of violating the rule on immutability of a final and executory judgment, “updating the computation of awards to include as well as back wages and separation pay from LA’s decision up to the finality is not violative of said rule. Even if not expressly provided in the appellate court’s decision, the inclusion by the LA of the 13th month pay is proper.
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