SECOND DIVISION
[G.R. No. 231634. November 20, 2017.]
HEIRS OF ELEUTERIO O. PASAGUE, REPRESENTED BY HIS WIFE, HELEN D. PASAGUE AND CHILDREN, NAMELY: EMMANUEL JCOV D. PASAGUE, 21 YEARS OLD, ET AL., petitioners,vs. MANILA NORTH HARBOR PORT, INC., EDWIN L. JEREMILLO, HENRY ROPHEN B. VIROLA, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated20 November 2017which reads as follows: aScITE
"G.R. No. 231634 (Heirs of Eleuterio O. Pasague, represented by his wife, Helen D. Pasague and children, namely: Emmanuel Jcov D. Pasague, 21 years old, et al.v. Manila North Harbor Port, Inc., Edwin L. Jeremillo, Henry Rophen B. Virola, et al.)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the June 30, 2016 Decision 1 and April 21, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 136184 for failure of petitioners heirs of Eleuterio O. Pasague (Eleuterio), represented by his wife, Helen D. Pasague and children, namely: Emmanuel Jcov D. Pasague, 21 years old, et al. to sufficiently show that the CA committed any reversible error as to warrant the exercise of the Court's discretionary appellate power.
As correctly ruled by the CA, Eleuterio was terminated for an authorized cause under Article 284 of the Labor Code as he was suffering from tuberculosis not curable within six (6) months. In Wuerth Philippines v. Ynson, 3 the Court ruled that an employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health, as well as to the health of his co-employees. Moreover, it is settled that termination based on disease is valid if a certification was issued by a competent public health authority, as in this case. 4 Lastly, since it was established that respondents Manila North Harbor Port, Inc., Edwin L. Jeremillo, Henry Rophen B. Virola, et al. failed to comply with the notice requirements under the Labor Code, Eleuterio is entitled to nominal damages. 5
SO ORDERED. (REYES, JR., J., on official leave)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 38-49. Penned by Associate Justice Zenaida T. Galapate-Laguilles with Associate Justices Mariflor P. Punzalan Castillo and Florito S. Macalino concurring.
2.Id. at 69-72.
3.Wuerth Philippines, Inc. v. Rodante Ynson, 682 Phil. 143 (2012).
4.Crayons Processing, Inc. v. Pula, 555 Phil. 527, 537 (2007).
5.Culili v. Eastern Telecommunications, 657 Phil. 342, 371 (2011).