SECOND DIVISION
[G.R. No. 240369. August 13, 2018.]
SANDRA R. DALIPOSA, petitioner,vs. GM BANK OF LUZON, INC., RAMON D. DE OCAMPO, TOMAS S. GOMEZ IV, ABELARDO SAMSON, EMILY JARIN, AND JOSE A. REYES, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated13 August 2018which reads as follows: cAaDHT
"G.R. No. 240369 (Sandra R. Daliposa v. GM Bank of Luzon, Inc., Ramon D. De Ocampo, Tomas S. Gomez IV, Abelardo Samson, Emily Jarin, and Jose A. Reyes)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the April 17, 2018 Decision 2 and June 29, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 144743 for failure of petitioner Sandra R. Daliposa (petitioner) to sufficiently show that the CA committed any reversible error in finding that she was not illegally dismissed.
As correctly ruled by the CA, respondents GM Bank of Luzon, Inc., Ramon D. De Ocampo, Tomas S. Gomez IV, Abelardo Samson, Emily Jarin, and Jose A. Reyes were able to substantiate their claim that petitioner, who occupied a position of trust and confidence, committed acts of misrepresentation in the exercise of her function which is tantamount to a willful breach of the trust and confidence reposed in her, a valid ground for dismissal under Article 297 (c) 4 of the Labor Code, as amended. 5 It bears stressing that factual findings of the labor tribunals, when affirmed by the CA, are generally accorded not only with respect, but even with finality, and thus binding upon this Court. 6
SO ORDERED." (CAGUIOA, J., on official leave)
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-21.
2.Id. at 26-35. Penned by Associate Justice Nina G. Antonio-Valenzuela with Associate Justices Priscilla J. Baltazar-Padilla and Zenaida T. Galapate-Laguilles, concurring.
3.Id. at 37-38.
4. Article 297 (c) of the Labor Code, as amended provides:
Article 297. [282] Termination by Employer. — An employer may terminate an employment for any of the following causes:
xxx xxx xxx
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative[.]
5. Department Advisory No. 1, Series of 2015, entitled "RENUMBERING OF THE LABOR CODE OF THE PHILIPPINES, AS AMENDED" dated July 21, 2015. See rollo, pp. 32-34.
6. See Nahas v. Olarte, 734 Phil. 569, 580 (2014). See also Unsigned Resolution in G.R. Nos. 231520-21, January 8, 2018.