FIRST DIVISION
[G.R. No. 215898. March 23, 2015.]
FELIPE T. GABAS, JR., petitioner, vs. HERSTAL SECURITY AGENCY, INC./RODRIGO AGOJO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 23, 2015 which reads as follows:
"G.R. No. 215898 (Felipe T. Gabas, Jr. v. Herstal Security Agency, Inc./Rodrigo Agojo). — 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.
After a judicious perusal of the records, the Court resolves to DENY the petition and AFFIRM the June 27, 2014 Decision 1 and December 22, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 129855 for failure of Felipe T. Gabas, Jr. (petitioner) to show that the CA committed any reversible error in upholding the findings of the National Labor Relations Commission and the Labor Arbiter that he was not constructively dismissed.
As correctly held by the CA, petitioner cannot be said to have been placed on "floating status" and consequently, to have been constructively dismissed, since it was him, and not the respondents or their client, who requested for a transfer/reassignment and voluntarily stopped reporting at his assigned post. The test of constructive dismissal is whether a reasonable person in the employee's position would have felt compelled to give up his job under the circumstances. 3 The mere fact that petitioner's request to be reassigned has yet to be granted does not, by and of itself, render his continued employment unbearable. As such, there was no constructive dismissal.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 36-44. Penned by Associate Justice Jose C. Reyes, Jr. with Associate Justices Mario V. Lopez and Socorro B. Inting, concurring.
2. Id. at 46-50.
3. Madrigalejos v. Geminilou Trucking Service, 595 Phil. 1153, 1157 (2008); citation omitted.