FIRST DIVISION
[G.R. No. 236784. June 4, 2018.]
LEO RAMOS DIAMA, petitioner, vs.ESTRABO ELECTRICAL & ALLIED SERVICES, CO. AND/OR PRESCILA E. FACUNDO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 4, 2018which reads as follows:
"G.R. No. 236784 (Leo Ramos Diama v. Estrabo Electrical & Allied Services, Co. and/or Prescila E. Facundo). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period. AaCTcI
The Court resolves to DENY this petition for review on certiorari for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in upholding that petitioner was not constructively dismissed. The CA correctly ruled that the factual findings of the Labor Arbiter, as upheld by the National Labor Relations Commission (NLRC), are adequately supported by evidence. Thus, the NLRC did not act in a capricious and whimsical manner, much less in a way that is patently gross and erroneous, in rendering its decision.
WHEREFORE, the petition is DENIED. The CA's Decision dated July 31, 2017 and Resolution dated January 10, 2018 dismissing petitioner's petition for certiorari under Rule 65 of the Rules of Court in CA-G.R. SP No. 147647 are AFFIRMED.
SO ORDERED." Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. Tijam, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court