SECOND DIVISION
[G.R. No. 243361. February 11, 2019.]
BERNADETTE A. ACOSTA, petitioner,vs. QBE GROUP SHARED SERVICES LIMITED, PHILIPPINE BRANCH, JOHN NEAL, AND AMY JEAN SANTOS, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 11 February 2019which reads as follows:
"G.R. No. 243361 (Bernadette A. Acosta v. QBE Group Shared Services Limited, Philippine Branch, John Neal, and Amy Jean Santos)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the July 23, 2018 Decision 2 and the November 16, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 155901 for failure of petitioner Bernadette A. Acosta (petitioner) to sufficiently show that the CA committed any reversible error in upholding the validity of her dismissal on the basis of redundancy.
As correctly ruled by the CA, all the requirements 4 for a valid redundancy program were complied with, considering that: (a) a written notice 5 was served on both petitioner and the Department of Labor and Employment at least one (1) month prior to the intended date of separation; 6 (b) petitioner was paid a separation pay equivalent to at least one (1) month pay for every year of service; 7 (c) the redundancy program was made in good faith and in the exercise of judicious business judgment; 8 and (d) the scorecards and coaching session results 9 showed that the company used fair and reasonable criteria in ascertaining that petitioner's position was redundant. 10 Moreover, settled is the rule that findings of fact of the labor tribunals, as affirmed by the CA, are generally binding and conclusive upon this Court, 11 and are not to be disturbed unless they fall under the recognized exceptions, 12 which are not present in this case.
SO ORDERED." (PERALTA, J., designated Additional Member viceHERNANDO, J., per Special Order No. 2630-L dated February 11, 2019.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 11-39.
2.Id. at 41-54. Penned by Associate Justice Marlene B. Gonzales-Sison with Associate Justices Ramon Paul L. Hernando (now a member of this Court) and Jhosep Y. Lopez, concurring.
3.Id. at 56-57. Penned by Associate Justice Marlene B. Gonzales-Sison with Associate Justices Eduardo B. Peralta, Jr. and Jhosep Y. Lopez, concurring.
4. See Manggagawa ng Komunikasyon sa Pilipinas v. PLDT, G.R. No. 190389, April 19, 2017, 823 SCRA 595, 614-615, citing Asian Alcohol Corporation v. National Labor Relations Commission, 364 Phil. 912, 930 (1999).
5.Rollo, pp. 87 and 88-89, respectively.
6. See id. at 49.
7. See id.
8. See id. at 51.
9.Id. at 199-224.
10. See id. at 51.
11. See Valencia v. Classique Vinyl Products Corporation, 804 Phil. 492, 504 (2017).
12.Cirtek Employees Labor Union-Federation of Free Workers v. Cirtek Electronics, Inc., 665 Phil. 784, 789 (2011).