FIRST DIVISION
[G.R. No. 247637. September 4, 2019.]
CIRILA A. LUMAPAS, VICTORIANO DELA CRUZ ORBE, DANILO FLORES MISPEROS, ARNOLD MENDOZA DELA CRUZ, ANDREO BOBIER ESPANOL, ET AL., petitioners, vs.INDUSTRIAL GROUP PHILS., INC., GERALD P. TOH, DY KIAT CHONG, LEONCIO SIY, JOHN ONG, TENNESSEE NG, AND ROSALIA MANALASTAS, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 4, 2019which reads as follows:
"G.R. No. 247637 (Cirila A. Lumapas, Victoriano Dela Cruz Orbe, Danilo Flores Misperos, Arnold Mendoza Dela Cruz, Andreo Bobier Espanol,et al. v. Industrial Group Phils., Inc., Gerald P. Toh, Dy Kiat Chong, Leoncio Siy, John Ong, Tennessee Ng, and Rosalia Manalastas)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the June 27, 2018 Decision 2 and the May 31, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 151421 for failure of petitioners Cirila A. Lumapas, Victoriano Dela Cruz Orbe, Danilo Flores Misperos, Arnold Mendoza Dela Cruz, Andreo Bobier Espanol, et al. (petitioners) to sufficiently show that the CA committed any reversible error in upholding the dismissal of their complaint 4 for illegal dismissal against respondents Industrial Group Phils., Inc., Gerald P. Toh, Dy Kiat Chong, Leoncio Siy, John Ong, Tennessee Ng, and Rosalia Manalastas (respondents).
As correctly ruled by the CA, petitioners were validly terminated from employment since respondents were able to prove that the closure of the company was due to serious business losses, as evidenced by its annual tax returns and financial statements from 2012 to 2015, which were all prepared by an independent external auditor. 5 It is settled that the financial statements of the company establish its economic status, and if prepared by an independent external auditor, the same are entitled to weight and credence, 6 as in this case. Moreover, it is settled that the factual findings of the labor tribunals or agencies, when affirmed by the CA, are accorded respect and finality, and are therefore binding upon this Court. 7
Furthermore, the Court resolves to await petitioners' full compliance with the July 8, 2019 Resolution by submitting a compact disk or transmitting via email a soft copy of the motion for extension to file petition, with verified declaration.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 10-24.
2.Id. at 195-203. Penned by Associate Justice Mario V. Lopez with Associate Justices Victoria Isabel A. Paredes and Marie Christine Azcarraga-Jacob, concurring.
3.Id. at 205-208.
4.Id. at 46-48.
5. See id. at 200-201.
6. See Yukit v. Tritan, Inc., 800 Phil. 210, 223 (2016).
7.Centennial Transmarine, Inc. v. Quiambao, 763 Phil. 411, 424 (2016), citing Superior Packaging Corporation v. Balagsay, 697 Phil. 62, 68-69 (2012).