FIRST DIVISION
[G.R. No. 237662. June 20, 2018.]
CIVIL SERVICE COMMISSION, petitioner, vs. ROBINSON C. VIÑAS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 20, 2018which reads as follows:
"G.R. No. 237662 (Civil Service Commission v. Robinson C. Viñas). — The manifestation and motion for extension of time to file petition for review on certiorari filed by petitioner Civil Service Commission is NOTED and GRANTED.
After a review of the records, the Court resolves to DENY the petition for being filed out of time. In any case, petitioner failed to show that the Court of Appeals committed reversible error in reversing and setting aside petitioner's decision finding respondent Robinson C. Viñas guilty of simple misconduct. Under petitioner's Memorandum Circular No. 17, series of 2009, smoking is absolutely prohibited only in the premises, buildings, and grounds of government agencies providing health, education, and/or social welfare, and development services such as hospitals, health centers, schools and universities, colleges, among others. For other government agencies, however, smoking shall be prohibited in areas anywhere in or on the government premises, buildings, and grounds, except for open spaces designated as "smoking area." An employee should not be penalized for smoking in the premises if no proper smoking area has been designated. Here, the CA found that no such area has been designated. DETACa
WHEREFORE, premises considered, the petition is DENIED. The February 21, 2018 Decision of the Court of Appeals in CA-G.R. SP No. 145560 is AFFIRMED.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; and Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court