SECOND DIVISION
[G.R. No. 245264. June 10, 2019.]
DOLLY G. BAGALIHOG, petitioner, vs.GAMEPLAN MARKETING SOLUTIONS, INC./PETER ANTOLIN/MARK S. BERNAL, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 June 2019which reads as follows:
"G.R. No. 245264 (Dolly G. Bagalihog v. Gameplan Marketing Solutions, Inc./Peter Antolin/Mark S. Bernal)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the August 10, 2018 Decision 2 and the February 13, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 146620 for failure of petitioner Dolly G. Bagalihog (petitioner) to sufficiently show that the CA committed any reversible error in affirming the National Labor Relations Commission's (NLRC) finding 4 that she was not illegally dismissed, and in finding that she did abandon her work.
As correctly held by the CA, there was no need to look at the legality or illegality of the dismissal if, in the first place, there was no dismissal to speak of. 5 The burden is on the employee to first prove the fact of his dismissal before it shifts to the employer to prove the legality thereof. 6 As the CA noted, petitioner failed to produce any corroborative or competent evidence to prove dismissal other than his bare allegation. 7 The CA also did not err in correcting the NLRC's conclusion regarding petitioner's abandonment of his employment. 8 This Court has already held that "the [mere] filing of the said complaint [for illegal dismissal] does not ipso facto foreclose the possibility of abandonment," and that the totality of the circumstances must be taken note of. 9 However, whether the circumstances constitute abandonment is a factual finding which is generally beyond the scope of a Rule 45 review of a CA labor ruling. 10 Although there are exceptions, 11 none have been shown to be present in this case as to warrant a reversal of such findings.
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-33.
2.Id. at 41-53. Penned by Associate Justice Sesinando E. Villon with Associate Justices Edwin D. Sorongon and Maria Filomena D. Singh, concurring.
3.Id. at 55-56.
4. Dated March 7, 2016, penned by Presiding Commissioner Gerardo C. Nograles with Commissioners Gina F. Cenit-Escoto and Romeo L. Go, concurring; id. at 302-311.
5.Id. at 48.
6. See Exodus International Construction Corporation v. Biscocho, 659 Phil. 142, 154 (2011).
7.Rollo, pp. 48-49.
8. See id. at 50-51.
9. See Mehitabel, Inc. v. Alcuizar, G.R. No. 228701, December 13, 2017.
10. See Maula v. Ximex Deliver Express, Inc., G.R. No. 207838, January 25, 2017, 816 SCRA 1, 15.
11.Id.