FIRST DIVISION
[G.R. No. 237532. June 18, 2018.]
ELSA B. MEDINA, petitioner,vs. NATIONAL COLLEGE OF BUSINESS AND ARTS FAIRVIEW/EDWIN TORRES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 18, 2018which reads as follows:
"G.R. No. 237532 — Elsa B. Medina v. National College of Business and Arts Fairview/Edwin Torres
The Court resolves to GRANT the Motion for Extension of Time filed by petitioner seeking an additional period of 30 days from the expiration of the reglementary period on March 9, 2018 within which to file her Petition for Review on Certiorari.
Considering the allegations, issues, and arguments adduced in the instant Petition for Review on Certiorari, the Court resolves to DENY the same for failure of the petitioner to show that the Court of Appeals (CA) committed any reversible error in its June 30, 2017 Decision and January 24, 2018 Resolution in CA-G.R. SP No. 144821 to warrant the exercise of this Court's discretionary appellate jurisdiction. SaCIDT
A careful consideration of the Petition further indicates petitioner's failure to show any cogent reason why the actions of the Labor Arbiter, the National Labor Relations Commission (NLRC) and the CA, which have passed upon the same issue raised in the present Petition, should be reversed. Petitioner failed to show that their decisions are contrary to applicable laws and jurisprudence.
The Court finds no compelling reason to doubt the common findings of the three tribunals that petitioner was validly dismissed for just causes and with due process. There was no dispute on the unaccounted amount of cash collections of P1,105,723.03. Petitioner readily admitted that she failed to deposit this amount of cash collections entrusted to her and that she was remiss in her duties. Evidently, petitioner's actuations constitute serious misconduct and amount to loss of trust and confidence, which are sufficient grounds for termination. Moreover, the finding that petitioner was afforded procedural due process is supported by substantial evidence. We accord not only respect, but even finality, to the factual findings and evaluation of evidence of the labor tribunals, especially when affirmed by the CA, as in this case.
ACCORDINGLY, the Court resolves to AFFIRM the June 30, 2017 Decision and January 24, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 144821.
Pursuant to Section 4, Rule 45 of the Rules of Court, the NLRC and Labor Arbiter Marie Josephine C. Suarez are DELETED as party-respondents in this case.
SO ORDERED." Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. cHECAS
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court