FIRST DIVISION
[G.R. No. 239380. August 8, 2018.]
NARCISO B. FELIX, petitioner,vs. PEPSI COLA PRODUCTS PHILIPPINES, INC. AND FURQAN AWED SYED, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 8, 2018which reads as follows: HTcADC
"G.R. No. 239380 — Narciso B. Felix vs. Pepsi Cola Products Philippines, Inc. and Furqan Awed Syed
The Court resolves to GRANT petitioner's Motion for Extension seeking an additional period of 30 days from the expiration of the reglementary period within which to file his Petition for Review on Certiorari.
After carefully reviewing the allegations, arguments, and issues raised in the Petition for Review on Certiorari, the Court resolves to DENY the same for failure of the petitioner to show that the Court of Appeals (CA) committed any reversible error in its assailed Decision dated October 18, 2017 and Resolution dated May 11, 2018 in CA-G.R. SP No. 147277. On the contrary, the CA's Decision and Resolution are in accord with the facts and applicable laws and jurisprudence.
For loss of trust and confidence to be a valid ground for dismissal, the following must be present: (1) there must be an act, omission, or concealment; (2) the act, omission, or concealment involves a breach of legal duty, trust, or confidence justly reposed; (3) it must be committed against the employer or his/her representative; and (4) it must be in connection with the employee's work.
In this case, all the requisites above were found to be present by the Labor Arbiter (LA), the National Labor Relations Commission (NLRC), and the CA. It is undisputed that petitioner, as a facilities manager, held a position of trust and confidence whose duty was to ensure the reliability of respondents' equipment. The Court finds no reason to reverse the common factual findings of the LA, the NLRC, and the CA that petitioner breached respondents' trust and confidence in him when he accepted an equipment that was not in accordance with respondents' specifications and for failing to inform the management that the said equipment was not brand new.
ACCORDINGLY, the Court resolves to AFFIRM the October 18, 2017 Decision and May 11, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 147277. aScITE
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.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court