SECOND DIVISION
[G.R. No. 242371. January 28, 2019.]
MARISSA R. CUTURA, JASSEM D. ICAWAT, MICHAEL NIÑO J. CELO, RICHARD DL. RAMOS, MANUEL V. ESPARRAGUERRA, MARIO P. MONTERO, JOEL V. ESPARRAGUERRA, AND LAUREANO G. DE GUZMAN, JR., petitioners,vs. EXTRAORDINAIRE GAS CORPORATION, ARNEL TY, AND JERIC TEE, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 28 January 2019 which reads as follows:
"G.R. No. 242371 (Marissa R. Cutura, Jassem D. Icawat, Michael Niño J. Celo,1Richard DL. Ramos, Manuel V. Esparraguerra, Mario P. Montero, Joel V. Esparraguerra, and Laureano G. De Guzman, Jr. v. Extraordinaire Gas Corporation, Arnel Ty, and Jeric Tee)
After a judicious study of the case, the Court resolves to DENY the instant petition 2 and AFFIRM the January 18, 2018 Decision 3 and the September 27, 2018 Resolution 4 of the Court of Appeals (CA) in CA-G.R. SP No. 150885 for failure of petitioners Marissa R. Cutura, Jassem D. Icawat, Michael Niño J. Celo, Richard DL. Ramos, Manuel V. Esparraguerra, Mario P. Montero, Joel V. Esparraguerra, and Laureano G. De Guzman, Jr. (petitioners) to sufficiently show that the CA committed any reversible error in finding that they were not illegally dismissed from service.
As correctly ruled by the CA, petitioners were not illegally dismissed from service nor considered to have abandoned their posts. 5 Hence, they are entitled to reinstatement but without backwages. 6 In this light, petitioners and respondents Extraordinaire Gas Corporation, Arnel Ty, and Jeric Tee must be placed on equal footing and must thus bear their own loss. 7
Moreover, it bears stressing that findings of fact of the labor tribunals, as affirmed by the CA, are generally binding and conclusive upon this Court, 8 and are not to be disturbed unless they fall under the recognized exceptions, 9 which are not present in this case.
SO ORDERED." (REYES, J., JR., J., no part. JARDELEZA, J., designated Additional Member per Special Order No. 2630-G dated January 21, 2019; HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. "Michael Nino J. Celo" and "Michael J. Niño Celo" in some parts of the rollo.
2.Rollo, pp. 12-34.
3.Id. at 37-47. Penned by Associate Justice Jose C. Reyes, Jr. (now a member of this Court) with Associate Justices Elihu A. Ybañez and Pedro B. Corales, concurring.
4.Id. at 49-50A. Penned by Associate Justice Pedro B. Corales with Associate Justices Elihu A. Ybañez and Edwin D. Sorongon, concurring.
5. See id. at 40.
6. See id. at 40-41.
7. See Machica v. Roosevelt Services Center, Inc., 523 Phil. 199, 213 (2006). See also rollo, pp. 40-41.
8. See Valencia v. Classigue Vinyl Products Corporation, G.R. No. 206390, January 30, 2017, 816 SCRA 144, 155.
9.Cirtek Employees Labor Union-Federation of Free Workers v. Cirtek Electronics, Inc., 665 Phil. 784, 789 (2011).