SECOND DIVISION
[G.R. No. 240001. March 27, 2019.]
RONALD R. DICHOSO AND RODOLFO S. FAUSTINO, petitioners, vs.GOLDEN DRAGON INTERNATIONAL TERMINALS, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 27 March 2019 which reads as follows:
"G.R. No. 240001 — Ronald R. Dichoso and Rodolfo S. Faustino versus Golden Dragon International Terminals, Inc.
After reviewing the Petition and its annexes, including the Decision 1 dated February 5, 2018 and the Resolution 2 dated June 4, 2018 of the Court of Appeals (CA), Special Seventeenth (17th) Division and Former Special Seventeenth Division, respectively, in CA-G.R. SP No. 146375, the Court RESOLVES to DENY the instant Petition and AFFIRM the said rulings of the CA.
The CA committed no reversible error in affirming and modifying the Decision 3 dated January 29, 2016 and Resolution 4 dated April 19, 2016 of the National Labor Relations Commission (NLRC). Petitioner Rodolfo S. Faustino failed to prove by substantial evidence that he was dismissed by respondent Golden Dragon International Terminals, Inc.; hence, he must simply be reinstated but without payment of backwages. Moreover, the disposition of the CA as to both petitioners' claims for moral and exemplary damages as well as attorney's fees is correct under the circumstances and in light of relevant laws and jurisprudence.
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 38-50. Penned by Associate Justice Priscilla J. Baltazar-Padilla, with Associate Justices Nina G. Antonio-Valenzuela and Germano Francisco D. Legaspi concurring.
2.Id. at 52-53.
3.Id. at 73-94. Penned by Commissioner Isabel G. Panganiban-Ortiguerra, with Presiding Commissioner Joseph Gerard E. Mabilog and Commissioner Nieves E. Vivar-De Castro concurring.
4.Id. at 96-98.