Given the finding of guilt and the penalty imposed, no basis exists to support and justify this award. No court, not even this Court, can make an award that is not based on law. Neither can this award be justified even if viewed as a discretionary financial assistance, since this kind of award can be imposed only where the cause for dismissal is not serious misconduct or a cause reflecting on the employee’s moral character. The dismissal we affirm is precisely for serious misconduct. The causes cited reflect as well on Salon’s moral character. Hence, we delete any award of separation pay/financial assistance that the appellate court decreed. (TIPTEO v. Court of Appeals, G.R. No. 158703, June 26, 2009)
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