SECOND DIVISION
[G.R. No. 242117. June 3, 2019.]
LENLEN PEÑAFIEL PETCHAN, petitioner, vs.THE SOUTHERN CROSS HOTEL MANILA, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 June 2019which reads as follows:
"G.R. No. 242117 (Lenlen Peñafiel Petchan v. The Southern Cross Hotel Manila, Inc.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the May 24, 2018 Decision 2 and the September 12, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 151113 for failure of petitioner Lenlen Peñafiel Petchan (petitioner) to sufficiently show that the CA committed any reversible error in dismissing her complaint 4 for constructive dismissal, but nonetheless upholding her claim for illegal deduction. acEHCD
As correctly ruled by the CA, the acts of respondent The Southern Cross Hotel Manila, Inc. in deducting petitioner's shortages from her salary does not amount to constructive dismissal absent any showing in this case that said deductions created a hostile environment for the latter to give up her job. 5 It is settled that constructive dismissal exists when there is cessation of work because continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank and a diminution in pay, 6 which petitioner failed to discharge in this case. Moreover, the CA properly ordered the return of the deductions made from petitioner's salary for being violative of her right to due process. 7
SO ORDERED. (CAGUIOA, J., on official leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-33.
2.Id. at 37-45. Penned by Associate Justice Marlene Gonzales-Sison with Associate Justices Ramon Paul L. Hernando (now a member of this Court) and Rafael Antonio M. Santos, concurring.
3.Id. at 47-48.
4.Id. at 111-115.
5. See id. at 42.
6. See Aguilar v. Burger Machine Holdings Corporation, 536 Phil. 985, 992 (2006).
7. See rollo, pp. 43-44.