SECOND DIVISION
[G.R. No. 242471. April 10, 2019.]
JOHN MICHAEL A. CONCEPCION, petitioner, vs.MANDALAGAN COMMODITIES, INC./LUCIO TAN — PRESIDENT/MISAEL P. BERMEJO — MANAGER/WILLIAM L. ABEJUELA — SUPERVISOR, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 April 2019which reads as follows:
"G.R. No. 242471 — John Michael A. Concepcion versus Mandalagan Commodities, Inc./Lucio Tan — President/Misael P. Bermejo — Manager/William L. Abejuela — Supervisor
After reviewing the Petition and its annexes, including the Decision 1 dated September 27, 2017 and Resolution 2 dated August 22, 2018, both of the Court of Appeals (CA) in CA-G.R. SP No. 08950, the Court RESOLVES to DENY the instant Petition and AFFIRM the said rulings of the CA.
The CA committed no reversible error in affirming the Decision 3 dated August 29, 2014 and Resolution 4 dated October 15, 2014 of the National Labor Relations Commission (NLRC) which, in turn, reversed and set aside the Decision 5 dated May 30, 2014 of the Labor Arbiter finding petitioner to have been illegally dismissed by private respondent Mandalagan Commodities, Inc. (MCI). Substantial evidence supports the findings of the CA and the NLRC that petitioner had abandoned his work and was, thus, guilty of neglect of duty — a just cause for termination under Article 282 of the Labor Code. Moreover, procedural due process was observed by MCI in terminating petitioner.
SO ORDERED. (PERLAS-BERNABE, J., on leave)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 26-38. Penned by Associate Justice Edward B. Contreras, with Associate Justices Edgardo L. Delos Santos and Geraldine C. Fiel-Macaraig concurring.
2.Id. at 51-52. Penned by Associate Justice Edward B. Contreras, with Associate Justices Edgardo L. Delos Santos and Louis P. Acosta concurring.
3.Id. at 53-65. Penned by Presiding Commissioner Violeta Ortiz-Bantug, with Commissioners Julie C. Rendoque and Jose G. Gutierrez concurring.
4.Id. at 66-67.
5.Id. at 91-99. Penned by Labor Arbiter Roderick Joseph B. Calanza.