FIRST DIVISION
[G.R. No. 255653. November 23, 2021.]
DANNY A. JUAN, petitioner,vs. STA. CLARA INTERNATIONAL CORPORATION, NICANDRO G. LINAO — PRESIDENT, IVAN STA. MARIA — SENIOR HR MANAGER, and DENZIL A. DOCENA — HR ADMIN GROUP MANAGER, respondents.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, First Division, issued a Resolution dated November 23, 2021which reads as follows:
"G.R. No. 255653 —DANNY A. JUAN, petitioner, versusSTA. CLARA INTERNATIONAL CORPORATION, NICANDRO G. LINAO— President, IVAN STA. MARIA— Senior HR Manager, and DENZIL A. DOCENA — HR AdminGroup Manager, respondents.
Petitioner's motion for 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. HTcADC
This is a Petition for Review on Certiorari1 (Petition) under Rule 45 of the Rules of Court challenging the Decision 2 dated June 10, 2020 and Resolution 3 dated January 7, 2021 of the Court of Appeals 4 (CA) in CA-G.R. SP No. 160387, in which the CA dismissed the petition for certiorari and ruled that the National Labor Relations Commission (NLRC) correctly ruled that petitioner was not dismissed (legally or illegally) and directed him to return to work.
Following a careful examination of the Petition and its annexes, the Court concludes that the Petition lacks merit because it failed to demonstrate that the CA committed any reversible error in dismissing the petition for certiorari.
The CA was correct in upholding the NLRC that petitioner was not dismissed legally or illegally, and that he also did not abandon his work. As a result, the CA was correct in directing him to return to work and for respondent Sta. Clara International Corporation to admit him. Since the CA and the NLRC's findings are supported by substantial evidence, these are binding on the Court.
WHEREFORE, premises considered, the Court resolves to DENY the Petition and AFFIRM the Decision dated June 10, 2020 and Resolution dated January 7, 2021 of the Court of Appeals in CA-G.R. SP No. 160387.
The Cash Collection and Disbursement Division is hereby DIRECTED to RETURN to petitioner the excess payment for the legal fees in the amount of P470.00 under O.R. No. 0290241-SC-EP dated March 3, 2021; and the National Labor Relations Commission is hereby DROPPED as party respondent in this case pursuant to Section 4, Rule 45 of the Rules of Court.
SO ORDERED."Lopez, M., J.,on official leave.
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 7-31, excluding Annexes.
2.Id. at 33-42. Penned by Associate Justice Zenaida T. Galapate-Laguilles, with Associate Justices Ramon M. Bato, Jr. and Florencio Mallanao Mamauag, Jr. concurring.
3.Id. at 44-45.
4. Sixth Division and Former Sixth Division, respectively.