SECOND DIVISION
[G.R. No. 233618. February 12, 2018.]
ALFREDO A. GADIAN, JR., petitioner, vs.SAN MIGUEL CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated12 February 2018which reads as follows: HTcADC
"G.R. No. 233618 (Alfredo A. Gadian, Jr. v. San Miguel Corporation)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the November 18, 2016 Decision 1 and June 30, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 08118 for failure of petitioner Alfredo A. Gadian, Jr. (petitioner) to sufficiently show that the CA committed any reversible error in upholding the denial of his Motion for Execution of Judgment 3 of the July 20, 2007 Resolution 4 of the Labor Arbiter (LA).
As correctly ruled by the CA, there was no contravention of the final and executory decision of the Court dated March 18, 2002 since the monetary awards therein computed up to June 30, 1994, the date of the LA's Decision, had already been fully executed and satisfied by respondent San Miguel Corporation in favor of petitioner. On the other hand, the LA's July 20, 2007 Resolution regarding the remaining issues on reinstatement and monetary award after June 30, 1994 ordering the payment of P28,866,756.50 was reversed and set aside by the National Labor Relations Commission in its July 25, 2008 Decision. There was also no showing that petitioner sought further relief. Thus, the CA was correct in denying petitioner's motion to enforce and execute the nullified award of P28,866,756.50.
SO ORDERED. (CAGUIOA, J., on official business)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 85-92. Penned by Associate Justice Edward B. Contreras with Associate Justices Edgardo L. Delos Santos and Geraldine C. Fiel-Macaraig concurring.
2.Id. at 95-96.
3.Id. at 263-270.
4.Id. at 184-199. Signed by Labor Arbiter Phibun D. Pura.