DISPOSITIVE:

ACCORDINGLY, the petition is GRANTED. The Decision dated February 11, 2020 and Resolution dated September 24, 2020 of the Court of Appeals in CA-G.R. SP No. 161534 are REVERSED and SET ASIDE. Respondent Convergys Philippines, Inc. is hereby ORDERED to PAY petitioner Vincent Michael Banta Moll the following:

I) BACKWAGES reckoned from March 25, 2018 until finality of this  Decision;

2) SEPARATION PAY of one (1) month salary for every year of service;

3) PRO-RATED 13th MONTH PAY for the year 2018;

4) UNPAID SALARY for March 2018; and

5) ATTORNEY’S FEES of ten percent (10%) of the total monetary award.

These monetary awards shall earn six percent ( 6%) interest per annum from finality of this Decision until fully paid.

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

“Lastly, we find that Convergys shall be solely liable to the above monetary awards. A corporation is a juridical entity with legal personality separate and distinct from those acting for and in its behalf and, in general, from the people comprising it. Thus, as a general rule, an officer may not be held liable for the corporation’s labor obligations unless he or she acted with evident malice and/or bad faith in dismissing an employee.

Labor Arbiter Makasiar properly exonerated respondents Ayers, Valentine, Pontius, Twomey, Gonzales, Sangcal, and Cabugao from all liabilities for lack of showing that they acted with malice or bad faith nor assented to petitioner’s illegal dismissal. In fact, as early as the proceedings before the NLRC, they should have already been dropped as respondents in this case as petitioner did not assail their exoneration from liability by the labor arbiter. As to them, the labor arbiter’s decision had already lapsed into finality.”

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