SECOND DIVISION
[G.R. No. 241170. April 3, 2019]
HELU ALU-TUCP, RACHEL H. AKUT, JAME D. MANTICAHON, MARY JANE T. ALQUITELA, AUGUSTIN1L. SAARENAS,2JOESITO E. CABAÑAS, PRECHIE Q. LUARDO, ROWENA E. DEL ROSARIO, AND MECHIEL P. BERNALDEZ, petitioners, vs.VHM RESOURCES, INC. AND 8'S HIGHTIME DRIVE-IN3HOTEL, HONEYLET U. MANZANO AND VICENTE MANZANO, JR., respondents.
[G.R. No. 241575. April 3, 2019.]
VHM RESOURCES, INC., 8'S HIGHTIME DRIVE-IN HOTEL, MS. HONEYLET U. MANZANO, AND VICENTE S. MANZANO, JR., petitioners, vs.HELU ALU-TUCP, RACHEL AKUT, JAME MANTICAHON, MARY JANE ALQUITELA, AUGUSTIN SAARENAS, JOESITO CABAÑAS, PRECHIE LUARDO, ROWENA DEL ROSARIO AND MECHIEL BERNALDEZ, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 April 2019which reads as follows:
"G.R. No. 241170 — HELU ALU-TUCP, Rachel H. Akut, Jame D. Manticahon, Mary Jane T. Alquitela, Augustin L. Saarenas, Joesito E. Cabañas, Prechie Q. Luardo, Rowena E. Del Rosario, and Mechiel P. Bernaldez versus VHM Resources, Inc. and 8's Hightime Drive-in Hotel, Honeylet U. Manzano and Vicente Manzano, Jr.
G.R. No. 241575 — VHM Resources, Inc., 8'sHightime Drive-in Hotel, Ms. Honeylet U. Manzano, and Vicente S. Manzano, Jr. versus HELU ALU-TUCP, Rachel Akut, Jame Manticahon, Mary Jane Alquitela, Augustin Saarenas, Joesito Cabañas, Prechie Luardo, Rowena Del Rosario and Mechiel Bernaldez
The Court resolves to DENY the Petitions and AFFIRM the Decision 4 dated August 29, 2017 and Resolution 5 dated July 27, 2018 of the Court of Appeals (CA) in CA-G.R. SP No. 07414-MIN.
The Petition in G.R. No. 241170 was filed out of time. The period to file the Petition expired on August 22, 2018, but the Petition was filed on August 24, 2018. The docket fees were likewise paid belatedly as a result of the late filing of the Petition.
And even if such defect is excused, the questions raised in both Petitions are factual in nature and in fact, the CA, after its thorough review of the records, correctly ruled that the closure of VHM Resources, Inc. (VHM Resources) was bona fide and that the employees are entitled to nominal damages because VHM Resources failed to strictly comply with the procedural due process requirements under the Labor Code for termination of employment due to authorized causes. In fact, in its Petition in G.R. No. 241575, VHM Resources admitted that it failed to strictly comply with the 30-day prior notice to the affected employees.
SO ORDERED. (REYES, J., JR., J., on wellness leave)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Also spelled as "Augustine" in some parts of the rollo.
2. Represented by his sister, Rosemarie S. Biaten.
3. Also spelled as "Drive Inn" in some parts of the rollo.
4.Rollo (G.R. No. 241170), pp. 52-72; rollo (G.R. No. 241575), pp. 48-69. Penned by Associate Justice Louis P. Acosta, with Associate Justices Edgardo Camello and Ronaldo B. Martin concurring.
5.Id. at 75-77; id. at 71-73. Penned by Associate Justice Edgardo A. Camello, with Associate Justices Perpetua T. Atal-Paño and Walter S. Ong concurring.