SECOND DIVISION
[G.R. No. 243995. March 18, 2019.]
MARILOU FAJARDO, petitioner,vs. BARRINGTON CARPETS, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 18 March 2019 which reads as follows:
"G.R. No. 243995 (Marilou Fajardo v. Barrington Carpets, Inc.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the August 31, 2018 Decision 2 and the January 3, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 110538 for failure of petitioner Marilou Fajardo (petitioner) to sufficiently show that the CA committed any reversible error in affirming the November 29, 2017 Decision 4 of the Regional Trial Court of Pasig City, Branch 71 (RTC).
As correctly ruled by the CA, the instant case properly falls under the jurisdiction of the RTC as respondent Barrington Carpets, Inc.'s (respondent) cause of action is one based on tort under Article 19, 5 in relation to Article 20 6 of the Civil Code. 7 Under prevailing jurisprudence, when the plaintiff's cause of action has no reasonable causal connection with the employer-employee relationship between the parties, nor with any of the claims provided for in Article 224 8 (formerly Article 217) of the Labor Code, as amended, 9 jurisdiction over the action is with the regular courts, not the labor tribunals. 10 As to the conclusion that petitioner is liable for the misappropriated amounts, damages, and costs of suit, it must be emphasized that factual findings of the trial courts, when affirmed by the CA, are generally deemed final and conclusive, save for exceptional circumstances, 11 none of which obtains in this case.
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 9-57.
2.Id. at 62-78. Penned by Associate Justice Ramon R. Garcia with Associate Justices Eduardo B. Peralta, Jr. and Geraldine C. Fiel-Macaraig, concurring.
3.Id. at 80-81.
4.Id. at 419-436-A. Penned by Judge Elisa R. Sarmiento-Flores.
5. Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
6. Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.
7. See rollo, pp. 74-75.
8. See Article 224 of the LABOR CODE.
9. Department Advisory No. 1, Series of 2015, entitled "RENUMBERING OF THE LABOR CODE OF THE PHILIPPINES, AS AMENDED" dated July 21, 2015.
10. See Philippine Commercial International Bank v. Gomez, 773 Phil. 387, 393-394 (2015).
11. See Bank of the Philippine Islands v. Land Investors and Developers Corporation, G.R. No. 198237, October 8, 2018.