FIRST DIVISION
[G.R. No. 237820. June 20, 2018.]
ROSSANA E. CAGANAP, petitioner, vs. HYUNDAI ASIA RESOURCES, INC., MA. FE PEREZ AGUDO AND MARICAR T. BAUTISTA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 20, 2018which reads as follows:
"G.R. No. 237820 — Rossana E. Caganap v. Hyundai Asia Resources, Inc., Ma. Fe Perez Agudo and Maricar T. Bautista
The Court resolves to GRANT the Motion for Extension filed by petitioner seeking an additional period of thirty (30) days from the expiration of the reglementary period on March 24, 2018 within which to file her Petition for Review on Certiorari.
Considering the allegations, issues, and arguments adduced in the instant Petition for Review on Certiorari, the Court resolves to DENY the same for failure of the petitioner to show that the Court of Appeals (CA) committed any reversible error in its July 27, 2017 Decision and March 1, 2018 Resolution in CA-G.R. SP No. 146744 to warrant the exercise of this Court's discretionary appellate jurisdiction.
A careful consideration of the Petition further indicates petitioner's failure to show any cogent reason why the actions of the Labor Arbiter, the National Labor Relations Commission (NLRC) and the CA, which have passed upon the same issue raised in the present Petition, should be reversed. Petitioner failed to show that their decisions are contrary to applicable law and jurisprudence. HEITAD
The Court finds no compelling reason to doubt the common findings of the three tribunals that petitioner was not constructively dismissed. As aptly observed by the Labor Arbiter, and affirmed by the NLRC and the CA, there was no series of acts or patterns of discrimination directed against petitioner or any harsh or unfavorable conditions set by respondents. Indeed, respondents' action of redefining the functions of petitioner's position after having observed some lapses in the performance of her functions was a valid exercise of management prerogative. We accord not only respect, but even finality, to the factual findings and evaluation of evidence of the labor tribunals, especially when affirmed by the CA, as in this case.
ACCORDINGLY, the Court resolves to AFFIRM the July 27, 2017 Decision and March 1, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 146744. aDSIHc
SO ORDERED." (Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018).
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court