FIRST DIVISION
[G.R. No. 243611. March 20, 2019.]
RUDY D. PAN-OY, petitioner, vs.DBPSC SECURITY SERVICE, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 20, 2019 which reads as follows:
"G.R. No. 243611 (Rudy D. Pan-oy v. DBPSC Security Service, Inc.) — 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 of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its March 27, 2018 Decision 1 and November 12, 2018 Resolution 2 in CA-G.R. SP No. 144646, as to warrant the exercise of the Court's appellate jurisdiction.
It is settled that the temporary off-detail of a security guard is generally allowed, but is tantamount to constructive dismissal if the floating status is extended beyond six (6) months. In this case, petitioner filed his complaint barely two months from being assigned to floating status. The Court, thus, finds the complaint to be premature, warranting its dismissal.
WHEREFORE, the petition is DENIED.
The Cash Collection and Disbursement Division is hereby directed to RETURN to petitioner the excess payment for the legal fees in the amount of P808.00 under O.R. No. 0231572-SC-EP dated January 14, 2019. SDHTEC
SO ORDERED." Bersamin, C.J., on official business.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 311-321; penned by Associate Justice Socorro B. Inting with Associate Justices Maria Elisa Sempio Diy and Rafael Antonio M. Santos, concurring.
2.Id. at 323-327; penned by Associate Justice Rafael Antonio M. Santos with Associate Justices Sesinando E. Villon and Maria Elisa Sempio Diy, concurring.