FIRST DIVISION
[G.R. No. 259930. September 14, 2022.]
HBO INTERNATIONAL MANPOWER SERVICES/EMPLOYMENT SERVICES LTD., and HERMINO 1 C. BORROMEO, petitioners,vs. DARWIN COSEP DULTRA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 14, 2022,which reads as follows:
"G.R. No. 259930 (HBO International Manpower Services/Employment Services Ltd., and Hermino C. Borromeo v. Darwin Cosep Dultra). — The petitioners' 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.
The Court resolves to DENY the Petition for Review on Certiorari2 for failure to sufficiently show a reversible error in the assailed Decision as to warrant the exercise of this Court's discretionary appellate jurisdiction pursuant to Section 6, Rule 45 of the Rules of Court.
The Court finds that the Court of Appeals correctly determined that no grave abuse of discretion can be attributed to the National Labor Relations Commission when it rendered its judgment finding that respondent Darwin Cosep Dultra's failure to work does not constitute abandonment. Accordingly, petitioners are liable for illegal dismissal. However, pursuant to Nacar v. Gallery Frames, 3 the Court modifies the monetary awards insofar as these should likewise earn legal interest.
WHEREFORE, the Petition is DENIED. The Decision dated February 19, 2021 and the Resolution dated March 29, 2022 of the Court of Appeals in CA-G.R. SP No. 163268 are hereby AFFIRMED with MODIFICATION in that the monetary awards shall earn six percent (6%) legal interest per annum from finality of this Resolution until fully paid.
The petitioners are required to SUBMIT, within five (5) days from notice hereof, a soft copy in compact disc, USB or e-mail containing the PDF file of the signed motion for extension of time to file a petition for review on certiorari pursuant to A.M. Nos. 10-3-7-SC and 11-9-4-SC; and the National Labor Relations Commission is DROPPED as party respondent in this case, pursuant to Sec. 4, Rule 45, 2019 Amendments to the 1997 Rules of Civil Procedure (A.M. No. 19-10-20-SC).
SO ORDERED." aScITE
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1. Also spelled as Herminio in some parts of the record.
2.Rollo, pp. 21-47.
3. 716 Phil. 267, 280 (2013).