Gandeza v. Fifth/Fortune M. Trading Corp.
This is a civil case involving a complaint for illegal dismissal filed by petitioner Manuel Cudiamat Gandesa against respondents Fifth/Fortune M. Trading Corp., Smart Sales Force Trading, Inc., Megamain Trading Corporation, and Lulu Sison. The Supreme Court denied the petition for failure to show that the Court of Appeals committed any reversible error in upholding with modifications the decision of the National Labor Relations Commission, which dismissed the complaint. The Supreme Court is bound by the factual findings of the Labor Arbiter, National Labor Relations Commission, and the Court of Appeals. The April 20, 2018 Decision and November 28, 2018 Resolution of the Court of Appeals are affirmed.
ADVERTISEMENT
FIRST DIVISION
[G.R. No. 243421. March 18, 2019.]
MANUEL CUDIAMAT GANDEZA, petitioner, vs.FIFTH/FORTUNE M. TRADING CORP./SMART SALES FORCE TRADING, INC./MEGAMAIN TRADING CORPORATION AND LULU SISON, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 18, 2019 which reads as follows:
"G.R. No. 243421 (Manuel Cudiamat Gandeza v. Fifth/Fortune M. Trading Corp./SMART Sales Force Trading, Inc./Megamain Trading Corporation and Lulu Sison) — 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 review of the records, the Court resolves to DENY the petition for failure to show that the Court of Appeals (CA) committed any reversible error in upholding with modifications the December 18, 2015 Decision 1 of the National Labor Relations Commission (NLRC), which in turn upheld with modifications the Decision of the Labor Arbiter (LA), to dismiss petitioner's complaint. Petitioner raises an issue of fact. However, factual findings of the LA, when affirmed by the NLRC and the CA, are binding upon this Court.
WHEREFORE, premises considered, the April 20, 2018 Decision 2 and November 28, 2018 Resolution 3 of the Court of Appeals in CA-G.R. SP No. 144825 are AFFIRMED.
SO ORDERED." Bersamin, C.J., on official business.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 262-272, penned by Commissioner Bernardino B. Julve with Presiding Commissioner Grace M. Venus and Commissioner Numeriano D. Villena, concurring.
2.Id. at 40-52; penned by Associate Justice Zenaida T. Galapate-Laguilles with Associate Justices Remedios A. Salazar-Fernando and Marie Christine Azcarraga-Jacob, concurring.
3.Id. at 54-55.
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