SECOND DIVISION
[G.R. No. 227495. April 16, 2018.]
EUROVEK BUILDING SOLUTIONS, INC., petitioner, vs.GOMER INSIGNE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated16 April 2018which reads as follows: AHDacC
"G.R. No. 227495 (Eurovek Building Solutions, Inc. v. Gomer Insigne)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the May 30, 2016 Decision 1 and September 30, 2016 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 134407 for failure of petitioner Eurovek Building Solutions, Inc. (petitioner) to sufficiently show that the CA committed any reversible error in ruling that respondent Gomer Insigne (respondent) was constructively dismissed and entitled to his money claims for 13th month pay, service incentive leave pay (SILP), and holiday pay, as well as moral and exemplary damages, and 10% attorney's fees.
As correctly ruled by the CA, petitioner failed to substantiate its claim that respondent abandoned his work. Since there was no showing that petitioner recalled respondent after his temporary layoff from work before the lapse of the six-month period reckoned from the date he was temporarily placed on floating status in April 2012 pursuant to Article 286 of the Labor Code, respondent was constructively dismissed, and as such, he is entitled to reinstatement and payment of backwages in accordance with Article 279 3 of the Labor Code. Similarly, the monetary awards of 13th month pay, SILP, and holiday pay are sustained for failure to prove payment of the same.
SO ORDERED. (REYES, JR., J., recused from the case for having concurred in the assailed Court of Appeals decision and resolution. DEL CASTILLO, J., designated additional member per Raffle dated 13 December 2017)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 23-35. Penned by Associate Justice Romeo F. Barza (now Presiding Justice of the CA) with Presiding Justice Andres B. Reyes, Jr. (now a member of this Court) and Associate Justice Agnes Reyes-Carpio concurring.
2.Id. at 37-39.
3. Art. 279. Security of tenure. — In cases of regular employment, the employer shall not terminate the services of an employee, except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.