FIRST DIVISION
[G.R. No. 240110. August 8, 2018.]
PHILIPPINE PIZZA, INC., petitioner,vs. FREDERICK D. YAP AND CONSOLIDATED BUILDING MAINTENANCE, INC., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 8, 2018which reads as follows: HTcADC
"G.R. No. 240110 (Philippine Pizza, Inc. v. Frederick D. Yap and Consolidated Building Maintenance, Inc.). — After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in affirming the resolutions of the National Labor Relations Commission (NLRC).
The issue of whether an employer-employee relationship existed between the parties is essentially a question of fact. The Court is not a trier of facts and will not review the factual findings of the lower tribunals as these are generally binding and conclusive. The Court finds no compelling reason to depart from this general rule. The Labor Arbiter, the NLRC, and the CA are uniform in their findings, which the Court finds supported by substantial evidence, that: (1) Consolidated Building Maintenance, Inc. (CBMI) merely recruited respondent Frederick Yap (Yap) and placed him to perform a service that is necessary and desirable in the business of petitioner; (2) CBMI did not have substantial capital or investment which relates to the job, work, or service to be performed; and (3) CBMI did not exercise the right to control the performance of the work of Yap.
WHEREFORE, the petition is DENIED. The Decision dated October 25, 2017 and Resolution dated May 10, 2018 of the Court of Appeals in CA-G.R. SP No. 144688 are AFFIRMED.
SO ORDERED."Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court