SECOND DIVISION
[G.R. No. 241290. October 1, 2018.]
PIONEER DETECTIVE CREDIT SECURITY AGENCY, INC., petitioner,vs. RESURRECION C. AMAD, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated01 October 2018which reads as follows: ETHIDa
"G.R. No. 241290 (Pioneer Detective Credit Security Agency, Inc. v. Resurrecion C. Amad)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the February 28, 2017 Decision 2 and the June 28, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 07402 for failure of petitioner Pioneer Detective Credit Security Agency, Inc. (petitioner) to sufficiently show that the CA committed any reversible error in ruling that respondent Resurrecion C. Amad (respondent) was constructively dismissed.
As correctly ruled by the CA, petitioner's failure to recall respondent back to work before the lapse of the six (6)-month period, reckoned from the date when he was temporarily placed on floating status on June 1, 2009, rendered petitioner liable for constructive dismissal. 4 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 extends beyond six (6) months, 5 as in this case. cSEDTC
SO ORDERED." (CAGUIOA, J., on official business; REYES, J., JR., J., designated as Additional Member per Special Order No. 2587 dated August 28, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 33-49.
2.Id. at 9-22. Penned by Associate Justice Geraldine C. Fiel-Macaraig with Associate Justices Edgardo L. Delos Santos and Edward B. Contreras, concurring.
3.Id. at 25-27.
4. See id. at 16-17.
5. See Ibon v. Genghis Khan Security Services, G.R. No. 221085, June 19, 2017, citing Reyes v. RP Guardians Security Agency, 708 Phil. 598, 603 (2013).