FIRST DIVISION
[G.R. No. 239270. April 23, 2018.]
ELMAR A. MARQUEZ, petitioner,vs. CITY SAVINGS BANK (CSB), AGNES A. LACSON, DELIO CAPUTULAN, PACUBAS GENERAL SERVICES, INC. (PGSI), PANFILO PACUBAS, SR. AND PANFILO PACUBAS, JR., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 23, 2018which reads as follows: cTDaEH
"G.R. No. 239270 [formerly UDK-16146] — Elmar A. Marquez, Petitioner, v. City Savings Bank (CSB), Agnes A. Lacson, Delio Caputulan, Pacubas General Services, Inc. (PGSI), Panfilo Pacubas, Sr. and Panfilo Pacubas, Jr., Respondents.
The Ex-Parte Application to Sue in Forma Pauperis (to Seek Exemption from Payment of Docket and other Lawful Fees) is GRANTED. Let this case be DOCKETED as a regular case.
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. 09195 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 this case against respondents.
The issues of whether Pacubas General Services, Inc. (PGSI) was a legitimate labor contractor and of whether petitioner was illegally dismissed involve factual matters which are beyond the ambit of a petition under Rule 45 of the Rules of Court. The Court is not a trier of facts and only questions of law may be raised in a Rule 45 petition. While there are exceptions to this rule, this case does not appear to fall within any of them. In addition, considering the uniform factual findings of the Labor Arbiter, the NLRC and the CA that petitioner was not illegally dismissed by PGSI, the Court sees no reason to disturb the same as such uniform findings bind the Court. 1
Given these, the CA did not err in holding that the NLRC did not gravely abuse its discretion when it affirmed the dismissal of the complaint. cSaATC
ACCORDINGLY, the Court resolves to AFFIRM the assailed July 31, 2017 Decision and January 25, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 09195.
SO ORDERED."Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson per Special Order No. 2540 dated February 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. See Caseres v. Universal Robina Sugar Milling Corp., 560 Phil. 615, 618 (2007).