THIRD DIVISION
[G.R. No. 256041. October 6, 2021.]
PACIFIC FOUNDRY SHOP CORPORATION, petitioner, vs.MELCHOR G. BERDISOLA, JR., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedOctober 6, 2021, which reads as follows:
"G.R. No. 256041 (Pacific Foundry Shop Corporation v. Melchor G. Berdisola, Jr.). — The Court:
(1) GRANTS petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari, counted from the expiration of the reglementary period; and
(2) NOTES the Letter dated March 30, 2021 of Atty. Rolindo A. Navarro, counsel for petitioner, with postal address at Unit 507, Cebu Holdings Center, Cardinal Rosales Ave., Cebu Business Park, Ayala, Cebu City, stating that they are filing one (1) original and four (4) copies of the petition; and informing the Court that on February 23, 2021, they filed via registered mail a motion for extension of time to file petition, and that the docket fees were enclosed together with the filing of the said motion as evidenced by the Postal Money Order Check stubs.
After a perusal of the records of the case, this Court resolves to deny the Petition for Review on Certiorari1 for failure of petitioner Pacific Foundry Shop Corporation to sufficiently show that the Court of Appeals (CA) committed reversible error in ruling that respondent Melchor G. Berdisola, Jr. (Berdisola, Jr.) is entitled to backwages and reinstating the January 12, 2017 Decision 2 of the Labor Arbiter (LA) in NLRC RAB VII Case No. 08-1730-16. In addition to the amounts awarded by the LA, as affirmed by the CA, Berdisola, Jr. is likewise entitled to attorney's fees equivalent to ten percent (10%) of the total amount awarded pursuant to Article 2208 of Republic Act No. 386 or the Civil Code of the Philippines. The total monetary award granted to Berdisola, Jr. is subject to legal interest until its full satisfaction, in accordance with the Court's ruling in Nacar v. Gallery Frames. 3
WHEREFORE, the instant petition is DENIED. The Decision dated May 31, 2019 and the Resolution dated January 21, 2021 of the Court of Appeals in CA-G.R. SP No. 11125 are AFFIRMED with MODIFICATION in that petitioner Pacific Foundry Shop Corporation is ORDERED to pay respondent Melchor G. Berdisola, Jr. attorney's fees equivalent to ten percent (10%) of the total monetary award. The total monetary award shall be subject to a legal interest of six percent (6%) per annum from the finality of this Resolution until full payment. aTHCSE
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, pp. 12-23.
2. Penned by Labor Arbiter Marie Angelica Felizco-Padrid; id. at 55-61.
3. 716 Phil. 267 (2013).