ADVERTISEMENT
FIRST DIVISION
[G.R. No. 243730. March 13, 2019.]
DOMINGO B. BONIFACIO, petitioner, vs.CIRTEK ADVANCED TECHNOLOGIES AND SOLUTIONS, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 13, 2019which reads as follows:
"G.R. No. 243730 — (Domingo B. Bonifacio v. Cirtek Advanced Technologies and Solutions, Inc.)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its June 28, 2018 Decision 1 and November 28, 2018 Resolution 2 in CA-G.R. SP No. 152839, as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, Domingo B. Bonifacio (petitioner) is not entitled to separation pay because his employment with respondent Cirtek Advanced Technologies and Solutions, Inc. was not terminated by retrenchment. In fact, petitioner continued to work as president of the company until his voluntary resignation on October 12, 2015. Moreover, the evidence relied upon by petitioner to prove his termination due to retrenchment cannot be accorded weight. It must be pointed out that the quitclaim was unsigned and unnotarized; thus, it cannot be binding on the parties. The CA sufficiently explained that the unsigned and unnotarized quitclaim coursed through email cannot be given probative value because it is dubious and self-serving. Further, nothing in the Labor Code provides that an employee who voluntarily resigns is entitled to separation pay.
WHEREFORE, the petition is DENIED. The June 28, 2018 Decision and the November 28, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 152839 are AFFIRMED. CAIHTE
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 50-56; penned by Associate Justice Japar B. Dimaampao, with Associate Justice Manuel M. Barrios and Associate Justice Jhosep Y. Lopez, concurring.
2.Id. at 58-59.