FIRST DIVISION
[G.R. No. 237165. April 23, 2018.]
GOLDEN ENGINEERING & MANPOWER SERVICES, MPC, REPRESENTED BY ITS GENERAL MANAGER, VICTORIAS B. GENOGALING, petitioner,vs. JEANLY A. TAGASLING, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 23, 2018which reads as follows: aTHCSE
"G.R. No. 237165 (Golden Engineering & Manpower Services, MPC, represented by its General Manager, Victorias B. Genogaling v. Jeanly A. Tagasling). — The petitioner's motion for an extension of fifteen (15) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
There being no reversible error in the Decision of the Court of Appeals (CA) dated June 19, 2017, the Court resolves to DENY the petition.
The CA correctly ruled that Golden Engineering & Manpower Services, MPC's (GEMS) evidence of Jeanly A. Tagasling's (Tagasling) wrongdoing did not prove malicious intent by Tagasling to cause his employer, GEMS, harm. As employees, Tagasling and other GEMS employees merely sought lawful remedies which do not constitute any of the grounds for dismissal raised by GEMS. The number of grounds raised by GEMS for dismissing Tagasling is not the definitive indicator of the legality of the dismissal, but the presence or absence of just cause/s. In all, the initial ruling of the Labor Arbiter was not supported by substantial evidence, which the National Labor Relations Commission (NLRC) correctly overturned on appeal, and then subsequently affirmed by the CA. Thus, the NLRC and the CA were correct in ruling that GEMS illegally dismissed Tagasling.
WHEREFORE, the petition is DENIED. The Decision and Resolution of the Court of Appeals in CA-G.R. SP No. 09735 are AFFIRMED.
SO ORDERED."Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson per Special Order No. 2540 dated February 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court