FIRST DIVISION
[G.R. No. 238858. August 1, 2018.]
MANOLITO C. MEDINA, petitioner, vs. RACE VENTURES, INC., RAYMUNDO D. EVANGELISTA, AND CYNTHIA F. EVANGELISTA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 1, 2018which reads as follows:
"G.R. No. 238858 (Manolito C. Medina v. Race Ventures, Inc., Raymundo D. Evangelista, and Cynthia F. Evangelista). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review, the Court resolves to DENY this petition for review on certiorari for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in upholding the findings of the National Labor Relations Commission (NLRC).
As correctly held by the CA, the NLRC did not act with grave abuse of discretion when it ruled that respondent Race Ventures, Inc.'s (Race Ventures) witnesses positively and clearly narrated that: (1) petitioner participated in the selling of the leftover goods to one of Race Ventures' customers; and (2) petitioner, together with other Race Ventures' employees, appropriated the sale proceeds. Thus, the Court agrees with the CA's conclusion that petitioner was validly dismissed for a just cause, specifically due to fraud or willful breach of trust. cDHAES
WHEREFORE, the petition is DENIED. The assailed Decision dated January 31, 2017 and Resolution dated March 27, 2018 of the Court of Appeals in CA-G.R. SP No. 136051 are AFFIRMED.
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., took no part; Reyes, Jr., J., designated Additional Member per Raffle dated July 30, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. TCAScE
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court