FIRST DIVISION
[G.R. No. 235748. June 6, 2018.]
HIGHWAY MANPOWER SERVICES AND PROMOTION, INC., petitioner, vs. JUN GACUSANA BATARA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 6, 2018which reads as follows:
"G.R. No. 235748 (Highway Manpower Services and Promotion, Inc. v. Jun Gacusana Batara). — 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 a review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its ruling. The CA correctly held that respondent Jun G. Batara was illegally dismissed by petitioner Highway Manpower Services and Promotion, Inc. Although respondent is a probationary employee under his contract, he still enjoys security of tenure. Hence, it must be shown that he was given due process before his employment was terminated. Due process requires that an employee be apprised beforehand of the reasonable standards of his employment. Petitioner, however, failed to establish respondent's alleged poor performance. Likewise, there is no showing that respondent was informed of what the reasonable standards are before he started his employment. Neither did the termination notice state the reason that respondent was being terminated was for failure to meet the standards of the employer. HEITAD
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law of the CA in its Decision dated June 20, 2017 in CA-G.R. SP No. 148229, and AFFIRMS this Decision finding petitioner guilty of illegally dismissing respondent Jun G. Batara and ordering petitioner to pay respondent the following amounts:
1) Total Judgment Award in the amount of QR66,250.00;
2) 10% of the award as attorney's fees in the amount of QR6,625.00;
3) Placement fee in the amount of P90,000.00;
4) Moral Damages in the amount of P50,000.00; and
5) Exemplary Damages in the amount of P30,000.00.
The monetary award shall earn interest at the rate of 6% per annum from the finality of this Resolution until full payment.
The Court of Appeals and the National Labor Relations Commission are hereby DELETED as party respondents in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended. aDSIHc
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Tijam, J., on official leave; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court