FIRST DIVISION
[G.R. No. 235726. April 18, 2018.]
THELMA F. LAPASTORA, petitioner, vs.RMH TELESERVICES ASIA PACIFIC, INC., EXPERT GLOBAL SOLUTIONS, INC./BONG BORJA/MARIVIC CRISOL, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 18, 2018which reads as follows: AcICHD
"G.R. No. 235726 — Thelma F. Lapastora, Petitioner, v. RMH Teleservices Asia Pacific, Inc., Expert Global Solutions, Inc./Bong Borja/Marivic Crisol, Respondents.
Acting on petitioner's Motion for Extension of Time to File Petition for Review on Certiorari, the Court resolves to GRANT her a period of thirty (30) days from the expiration of the reglementary period on December 12, 2017 within which to file a petition.
Considering the allegations, arguments, and issues raised in the instant Petition for Review on Certiorari, the Court further resolves to DENY the same for failure to show that the Court of Appeals (CA) in CA-G.R. SP No. 148575 committed any reversible error in ruling that the National Labor Relations Commission (NLRC) did not gravely abuse its discretion when it affirmed the dismissal of petitioner's complaint against respondents.
The issues being raised here of whether petitioner was a fixed-term employee, and of whether she was illegally dismissed, involve factual matters which are beyond the scope of this Petition. The Court is not a trier of facts and only questions of law may be raised in a petition filed under Rule 45 of the Rules of Court. While there are exceptions to this rule, none of these was established in this case. Also, considering the uniform factual findings of the Labor Arbiter, the NLRC and the CA — that petitioner was not illegally dismissed and that her contract as a fixed-term employee merely expired — the Court sees no reason to disturb the same as such uniform findings bind the Court. 1
All told, the CA did not err in holding that the NLRC committed no grave abuse of discretion when it affirmed the dismissal of the complaint.
ACCORDINGLY, the Court resolves to AFFIRM the assailed August 17, 2017 Decision and October 27, 2017 Resolution of the Court of Appeals in CA-G.R. SP No. 148575.
SO ORDERED." (Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2540 dated February 28, 2018).
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1.Caseres v. Universal Robina Sugar Milling Corp., 560 Phil. 615, 618 (2007).