Petitioner
Danica Y. Pesongco, Danissa Y. Pesongco, And Lindzy Resurreccion
Respondent
Glorious Throne Data, Inc., Atty. Danilo V. Roleda, And Leo Hwang
Citation
G.R. No. 256696
Court
Supreme Court
Division
Second Division
Decided
September 13, 2021

Entitlement to 13th month pay of managerial employees, award of moral and exemplary damages, and solidary liability of individual respondents

Summary

This Supreme Court case involves former employees of Glorious Throne Data, Inc. claiming entitlement to 13th month pay, moral and exemplary damages, and seeking solidary liability of individual corporate officers. The petitioners, who held managerial positions, argued that 13th month pay had become company policy despite never receiving it during their tenure. The Supreme Court affirmed the Court of Appeals and NLRC rulings, denying all claims. The Court held that managerial employees are excluded from 13th month pay under the law, and petitioners failed to establish company policy through substantial evidence. The Court also found insufficient evidence of bad faith or oppressive conduct to warrant moral and exemplary damages or solidary liability of individual respondents. The case reinforces the statutory exclusion of managerial employees from mandatory 13th month pay and the strict evidentiary requirements for establishing company policy and bad faith in employment termination cases.

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By Intellegal Editorial Board · September 13, 2021

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