FIRST DIVISION
[G.R. No. 243727. June 3, 2019.]
EFREN DOMINGO AGPALZA, petitioner, vs.CAREER PHILIPPINES SHIPMANAGEMENT, INC., COLUMBIA SHIPMANAGEMENT LTD., AND RICARDO A. GLEYO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 3, 2019which reads as follows:
"G.R. No. 243727 (Efren Domingo Agpalza v. Career Philippines Shipmanagement, Inc., Columbia Shipmanagement Ltd., and Ricardo A. Gleyo). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review, the Court resolves to DENY the petition for failure to show that the Court of Appeals (CA) committed reversible error in partly granting the petition insofar as the deletion of the award for attorney's fees for lack of sufficient basis and the release of Ricardo Gleyo from being jointly and severally liable with respondents. The CA correctly ruled that there was no sufficient showing of bad faith on the part of respondents that would warrant the grant of attorney's fees. Respondents' refusal to satisfy petitioner's demands were not motivated by bad faith but on their reliance on the assessment of the company-designated physician. Furthermore, the record discloses that respondents have not been negligent in providing immediate medical attention to petitioner. Likewise, Ricardo Gleyo was correctly released from being held jointly and severally liable with respondent corporations, as he is neither a corporate officer nor a director of respondent corporations. HTcADC
WHEREFORE, the Decision dated July 20, 2018 and the Resolution dated December 7, 2018 of the Court of Appeals in CA-G.R. SP No. 152174 are hereby AFFIRMED.
The Court of Appeals is DELETED as party respondent in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended. CAIHTE
SO ORDERED."Carandang, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court