FIRST DIVISION
[G.R. No. 236798. June 6, 2018.]
MAGSAYSAY MARITIME CORP., C.S.C.S. INTERNATIONAL MV, AND/OR MR. MARLON R. RONO, petitioners, vs. EDILBERTO G. NACION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 6, 2018which reads as follows:
"G.R. No. 236798 (Magsaysay Maritime Corp., C.S.C.S. International MV, and/or Mr. Marlon R. Rono v. Edilberto G. Nacion). — The motion for extension of time to file the petition for review on certiorari is GRANTED.
After review of the records, we resolve to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision dated January 30, 2017 and Resolution dated January 11, 2018.
The CA correctly held that under Section 6 (d), Rule I, Book VI of the Implementing Rules of the Labor Code, there are two requirements for the termination of a probationary employee on the ground of failure to qualify with the standards set by the employer: first, the employer must communicate the regularization standards to the probationary employee; and second, the employer must make such communication at the time of the probationary employee's engagement. Here, the pieces of evidence petitioners presented are insufficient to meet these requirements. Petitioners failed to present any document showing pre-determined standards which serve as bases for determining respondent's fitness, propriety, efficiency, and qualifications. Thus, respondent's dismissal was illegal. He is entitled to his salaries representing the unexpired portion of his employment contract, moral and exemplary damages, and attorney's fees. aScITE
WHEREFORE, the Court of Appeals' Decision dated January 30, 2017 and Resolution dated January 11, 2018 are AFFIRMED with MODIFICATION. Consistent with prevailing jurisprudence, the monetary award shall earn 6% legal interest per annum from finality of this Resolution until fully paid. 1
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 of the First Division per Special Order No. 2560 dated May 11, 2018. DETACa
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.Nacar v. Gallery Frames, G.R. No. 189871, August 13, 2013, 703 SCRA 439, 458.