CA orders Janet Napoles to pay illegally dismissed whistleblowers

The Court of Appeals has affirmed a National Labor Relations Commission (NLRC) ruling that found Janet Lim-Napoles’ JLN Corp. guilty of illegally dismissing two of its employees, who later turned into whistleblowers in the multi-billion-peso pork barrel fund scam.

In a seven-page decision penned by Associate Justice Amy Lazaro-Javier, the CA's Ninth Division dismissed the petition filed by JLN Corp. and Napoles against the NLRC ruling on the case of Mary Arlene Baltazar and Marina Sula.

Concurring with the decision were Associate Justices Celia Librea-Leagogo and Melchor Sadang.

On February 27, 2015, the NLRC ordered Napoles and JLN Corp to pay both
Sula and Baltazar separation pay, back wages, unpaid salaries, and
10 percent of the judgment award as attorney’s fees.

The ruling prompted JLN Corp to elevate the case to the appeals court, which eventually upheld the NLRC ruling.

“After a judicious evaluation of the petition and its attachments, including the assailed issuances, this court finds and so holds that the NLRC acted in accordance with law and evidence in finding that private respondents (employees) were illegally dismissed, and ordering payment of their separation pay, back wages, and unpaid salaries," ruled the CA.

The CA said the payslips and IDs presented by the two employees have "probative value," were given "credence" by the labor tribunal, and proved that Sula and Baltazar were regular employees of JLN Corp. and are entitled to such pay and benefits.

The court said that Sula’s post as the president of one of Napoles' NGOs did not preclude her employment with JLN.

According to the CA, it was in fact Napoles who allegedly planned that Sula, should appear on paper to have severed her employment with JLN “to pave the way to her assumption of the presidency of Masaganang Ani Para sa Magsasaka Foundation, Inc. (MAPMFI)."

“Since this arrangement was only good on paper, Sula continued to work as JLN Corporation’s employee, performing the same tasks she did in the past. She also continued to receive her salary as JLN’s [finance clerk.]," added the CA.

As for Baltazar, the CA said she is still considered an employee of JLN Corp despite her declaration before the Sandiganbayan that she was a freelance bookkeeper.

Napoles is facing graft and plunder charges for allegedly siphoning off government funds from lawmakers to bogus NGOs. -NB, GMA News