- Petitioner
- Logwin Air+Ocean Philippines
- Respondent
- Norudin Calib Taki
- Citation
- G.R. No. 252259
- Court
- Supreme Court
- Division
- Third Division
- Decided
- August 26, 2020
Summary
LOGWIN dismissed employee Norudin Taki after 16 years service, claiming redundancy due to reduced business and cost-cutting measures. The Supreme Court found the dismissal illegal, ruling that LOGWIN failed to present sufficient evidence proving the necessity of retrenchment, such as staffing patterns or feasibility studies. The company also violated procedural requirements by notifying DOLE 15 days after termination instead of one month prior as mandated by law. No fair criterion was shown for selecting Taki for dismissal despite his seniority. The Court awarded backwages, separation pay, moral damages (P50,000), exemplary damages (P50,000), nominal damages (P50,000), and attorney's fees (10%), but allowed offsetting of Taki's outstanding loans and advances totaling over P350,000 against the monetary awards under Civil Code compensation principles.