De Gracia v. Teleperformance Telephilippines, Inc.
This is a civil case decided by the Supreme Court of the Philippines in April 10, 2019. The case is between Michelle S. De Gracia and Teleperformance Telephilippines, Inc., Archie Vick Solivar, Jai Aquino, and Travis Coates. The Supreme Court affirmed the decision of the Court of Appeals, which upheld the dismissal of De Gracia for failure to meet performance standards and for habitual absenteeism and tardiness. However, the Supreme Court modified the decision by increasing the award of nominal damages to P30,000.00 due to Teleperformance's failure to comply with the statutory standards of procedural due process.
ADVERTISEMENT
FIRST DIVISION
[G.R. No. 242222. April 10, 2019.]
MICHELLE S. DE GRACIA, petitioner, vs.TELEPERFORMANCE TELEPHILIPPINES, INC., ARCHIE VICK SOLIVAR, JAI1AQUINO, AND TRAVIS COATES, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 10, 2019which reads as follows:
"G.R. No. 242222 (Michelle S. De Gracia v. Teleperformance Telephilippines, Inc., Archie Vick Solivar, Jai Aquino, and Travis Coates)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its November 29, 2017 Decision 2 and September 18, 2018 Resolution, 3 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, petitioner failed to meet the required performance standards set by the employer. She also incurred habitual absenteeism and tardiness. As such, Teleperformance validly dismissed petitioner. Pursuant to prevailing jurisprudence, 4 however, the Court deems it proper to increase the award of nominal damages to P30,000.00 for Teleperformance's failure to abide by the statutory standards of procedural due process. HTcADC
WHEREFORE, the November 29, 2017 Decision and September 18, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 147148 are AFFIRMED with MODIFICATION. Respondent Teleperformance is liable to pay petitioner Michelle S. De Gracia nominal damages in the amount of P30,000.00.
SO ORDERED."Del Castillo, J., on official business. Jardeleza, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 3 & 17A; referred to as "Aji" Aquino in other parts of the rollo.
2.Id. at 41-51A; penned by Associate Justice Zenaida T. Galapate-Laguilles, with Associate Justices Magdangal M. De Leon and Franchito N. Diamante, concurring.
3.Id. at 53-54; penned by Associate Justice Zenaida T. Galapate-Laguilles, with Associate Justices Franchito N. Diamante and Marie Christine Azcarraga-Jacob, concurring.
4.Slord Development Corporation v. Noya, G.R. No. 232687, February 4, 2019.
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