Angelito Cristobal vs Phil Airlines Inc and Lucio Tan

Cristobal was a pilot of PAL, during the downsizing program of PAL, Cristobal applied for leave without
pay to enter into a four-year contract with EVA Air to which PAL approved and advised that he would
continue to accrue seniority during his leave and that he could opt to retire from PAL during this period.
After a year Cristobal advised PAL of his intent to retire. PAL advised him that he lost his employment a
month after filing the leave. Cristobal filed a complaint with the NLRC.

The labor arbiter found the dismissal illegal. On his retirement benefit, the arbiter noted PAL’s claim that
Cristobal could only be entitled to a retirement pay of 5,000 per year pursuant to Airline Pilots
Association of the Phils Retirement Plan of 1967, he was awarded with exemplary and moral damages.

The NLRC however, reduced the amount of exemplary and moral damages, Cristobal filed a motion for
partial reconsideration. Reversing the decision, the NLRC deleted the award and reduced the amount of
the petitioner’s retirement benefits. Cristobal tiled his Motion for Reconsideration, seeking
consideration on the reduction. The NLRC dismissed his motion as it treated the same as a prohibited
second motion for reconsideration.

Issue:

Whether the Motion for Reconsideration filed by the petitioner assailing the NLRC Decision was a
prohibited second motion for reconsideration.

HELD:NO, the National Labor Relations Commission Rules of Procedure prohibits a party from
questioning a decision, resolution, or order, twice. In other words, this rule prohibits the same party
from assailing the same judgment. Ordinarily, no second motion for reconsideration of a judgment or
final resolution by the same party shall be entertained. However, a decision substantially reversing a
determination in a prior decision is a discrete decision from the earlier one.