SECOND DIVISION
[G.R. No. 202035. September 5, 2012.]
LYNDON P. OMANDAM, petitioner, vs. JETTI SUPPLY DISTRIBUTION, INC. ALIAS JETTI PETROLEUM, INC., AND/OR RAMONCITO C. TANCHANCO & LEO P. BELLAS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 05 September 2012 which reads as follows:
G.R. No. 202035 (Lyndon P. Omandam v. Jetti Supply Distribution, Inc. alias Jetti Petroleum, Inc., and/or Ramoncito C. Tanchanco & Leo P. Bellas).
After a judicious review of the records, the Court resolves to AFFIRM the June 9, 2011 Decision and May 8, 2012 Amended Decision of the Court of Appeals (CA) and DENY the instant petition for having been filed out of time and for failure to show that the CA committed any reversible error in holding that petitioner was not constructively dismissed. As correctly pointed out by the CA, petitioner's placement on temporary "floating status" after his position was abolished cannot be construed as constructive dismissal considering that he was also re-assigned at its Tagoloan Bulk Terminal while the company was searching for a position equivalent to his managerial position with no diminution of his salary except for the representation allowance which he was no longer entitled to receive and the reduction of his transportation allowance as there was no more field work to be done.
Further, while it is settled that a dismissed employee whose case was favorably decided by the Labor Arbiter is entitled to receive wages pending appeal until its reversal by the higher courts, 1 as in this case, the restraining order issued by the CA on December 17, 2010 effectively suspended its implementation and justified its non-payment. HCTDIS
Moreover, the petition lacks written explanation why the service or filing thereof was not done personally as required under Section 11, Rule 13 of the Rules of Court and a proper verification as required under Section 4, Rule 7 of the same Rules.
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1.Pfizer, Inc. v. Velasco, G.R. No. 177467, March 9, 2011, 645 SCRA 135, 151; Garcia v. Philippine Airlines, Inc., G.R. No. 164856, January 20, 2009, 576 SCRA 479, 489.