SECOND DIVISION
[G.R. No. 231590. November 20, 2017.]
SHERYL T. AQUINO, petitioner,vs. CENTRAL MACARONI CO., INC. [CENMACO, INC.], VINCENT KAWSEK, AND ME SOO W. CHUA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated20 November 2017which reads as follows: HTcADC
"G.R. No. 231590 (Sheryl T. Aquino v. Central Macaroni Co., Inc. [CENMACO, Inc.], Vincent Kawsek, and Me Soo W. Chua)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the January 16, 2017 Decision 1 and April 7, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 143075 for failure of petitioner Sheryl T. Aquino (petitioner) to sufficiently show that the CA committed any reversible error in upholding the dismissal of her complaint for illegal dismissal against respondents Central Macaroni Co., Inc. (CENMACO) and its officers Vincent Kawsek and Me Soo W. Chua.
As correctly ruled by the CA, petitioner failed to sufficiently establish that she was either dismissed from employment or was prevented from returning to work, considering that she reported to Kent International Trading Co., Inc. (KENT), an affiliate of CENMACO, effective April 1, 2014 without any objection or protest. In fact, when she prepared the payroll of KENT's employees, she included her name therein without reservation or protest; and that she applied for sick leave after reporting for duty on April 2 and 3, 2014, which was not refuted with contrary evidence.
Settled is the rule that in the absence of any showing of an overt or positive act proving that petitioner was dismissed from employment, the latter's claim of illegal dismissal cannot be sustained as the same would be self-serving, conjectural, and of no probative value. 3
SO ORDERED. (REYES, JR., J., on official leave)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 56-64. Penned by Associate Justice Florito S. Macalino with Associate Justices Mariflor P. Punzalan Castillo and Zenaida T. Galapate-Laguilles concurring.
2.Id. at 66-68.
3. See MZR Industries v. Colambot, 716 Phil. 617, 622 (2013).