FIRST DIVISION
[G.R. No. 242122. December 3, 2018.]
DARIUS L. MULAWIN, LEONDRO B. NATIVIDAD, ALLAN T. LAMBINO, petitioners,vs. WYETH PHILIPPINES, INC./ASIAPRO COOPERATIVE/ANDREW SANTOS/ERWIN SALAZAR, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated December 3, 2018 which reads as follows:
"G.R. No. 242122 (Darius L. Mulawin, Leondro B. Natividad, Allan T. Lambino v. Wyeth Philippines, Inc./Asiapro Cooperative/Andrew Santos/Erwin Salazar). — The petitioners' 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 Labor Arbiter and the National Labor Relations Commission (NLRC).
As correctly held by the CA, the petition for certiorari was filed out of time. In fact, the NLRC Resolution dated September 30, 2013 already attained finality for which an Entry of Judgment was already issued.
The CA likewise correctly ruled that, even on the merits, there is no basis to reverse the NLRC findings. The CA is convinced that Asiapro Cooperative (Asiapro) is a legitimate labor contractor because it has a certificate of registration with the Department of Labor and Employment to prove that it was duly registered as legitimate labor contractor at the time petitioners were assigned to Wyeth in 2012. Asiapro is profitable and has substantial capitalization to operate its business. Lastly, Wyeth only prescribes the sanitation standards to be followed by petitioners, but the right of control over them is still with Asiapro.
WHEREFORE, the petition is DENIED. The assailed Decision dated February 7, 2018 and Resolution dated August 15, 2018 of the Court of Appeals in CA-G.R. SP No. 146917 are AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court