ADVERTISEMENT
FIRST DIVISION
[G.R. No. 205958. November 19, 2014.]
MICHELLE RAMOS, petitioner, vs. DIGIWAVE SOLUTIONS, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated November 19, 2014 which reads as follows:
"G.R. No. 205958 (Michelle Ramos v. Digiwave Solutions, Inc.). — The letter dated October 28, 2014 of Atty. Maria Ricasion B. Tugadi, Acting Director II, Legal and Research Department, National Labor Relations Commission, transmitting the entire records of the instant case consisting of one (1) volume with 212 pages is NOTED.
After a judicious review of the records, the Court resolves to DENY the petition and AFFIRM the September 26, 2012 Decision 1 and February 13, 2013 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 124533 for failure of Michelle Ramos (petitioner) to sufficiently show that the CA committed any reversible error in finding that she was not illegally dismissed from her employment by respondent Digiwave Solutions, Inc. (Digiwave).
As correctly ruled by the CA, petitioner failed to establish through substantial evidence that Digiwave dismissed her from work. It is well-settled that in illegal dismissal cases, while the employer bears the burden of proving that the termination was for a valid or authorized cause, absent substantial evidence of the fact of the employee's dismissal from service, there can be no question as to its legality or illegality. 3 Moreover, bare allegations of illegal dismissal cannot be given credence when uncorroborated by the evidence on record, 4 as in this case. CIDcHA
SO ORDERED." BERSAMIN, J., on official travel; VELASCO, JR., J., designated acting member per S.O. No. 1870 dated November 4, 2014.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 140-148. Penned by Associate Justice Mariflor P. Punzalan-Castillo with Associate Justices Amy C. Lazaro-Javier and Edwin D. Sorongon, concurring.
2. Id. at 155-156.
3. See MZR Industries v. Colambot, G.R. No. 179001, August 28, 2013, 704 SCRA 150, 157; citation omitted.
4. Id.; citation omitted.