SECOND DIVISION
[G.R. No. 232644. October 10, 2018.]
PONCIANO1B. LUIS, petitioner, vs.STEEL CORPORATION OF THE PHILIPPINES, MACEDONIO S. MALONHAO, JR. (HRAD HEAD) AND BGEN. MANUEL E. MARIANO, JR. (AFP, RET.) (MANAGER), respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 October 2018 which reads as follows:
"G.R. No. 232644 — PoncianoB. Luis versus Steel Corporation of the Philippines, Macedonio S. Malonhao, Jr. (HRAD Head) and BGen. Manuel E. Mariano, Jr. (AFP, Ret.) (Manager)
After reviewing the Petition and its annexes, including the Court of Appeals (CA) Decision 2 dated November 10, 2016 and the Resolution 3 dated July 3, 2017 in CA-G.R. SP No. 131298, the Court RESOLVES to DENY the instant Petition and AFFIRM the November 10, 2016 Decision and July 3, 2017 Resolution of the CA.
The Court agrees with the CA that Ponciano B. Luis (Luis) is guilty of stealing the bronze plate liner, which is tantamount to serious misconduct. Other than his bare allegations, the records are bereft of any evidence to substantiate Luis' assertion that someone else placed the "tanso" inside his bag.
Luis is entitled to P30,000.00 as nominal damages with six percent (6%) legal interest 4 from the finality of this Resolution until full payment. While respondent Steel Corporation of the Philippines (SCP) sent Luis a notice of violation of the code of conduct on the ground of qualified theft/pilferage, the notices to explain 5 sent by SCP were for the latter's absence without leave (AWOL). In fact, the third and final notice sent by SCP to Luis did not state anything about the qualified theft but only that he was terminated from employment on the ground that he went AWOL, which led to the violation of the company rules.
Based on the foregoing, the Court finds that the CA did not commit any reversible error in ruling that Luis was not illegally dismissed and that SCP should be held liable for nominal damages for violating Luis' right to procedural due process in the termination of his employment.
SO ORDERED."J. Reyes, Jr., J., on wellness leave.
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Also spelled as Pociano in other parts of the rollo.
2.Rollo, pp. 33-44. Penned by Associate Justice Myra V. Garcia-Fernandez, with Associate Justices Mario V. Lopez and Elihu A. Ybañez concurring.
3.Id. at 46-47.
4.G.J.T. Rebuilders Machine Shop v. Ambos, 752 Phil. 166, 185 (2015), citing Nacar v. Gallery Frames, 716 Phil. 267 (2013).
5.Rollo, pp. 156, 159.