FIRST DIVISION
[G.R. No. 244106. June 19, 2019.]
ALFREDO A. RANIN, JR., petitioner, vs.NATIONAL LABOR RELATIONS COMMISSION, SYMEX SECURITY SERVICES, INC., AND ADRIAN ARCEGA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 19, 2019which reads as follows:
"G.R. No. 244106 (Alfredo A. Ranin, Jr. v. National Labor Relations Commission, Symex Security Services, Inc., and Adrian Arcega). — 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 a 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 ruling. The CA correctly affirmed the decision of the National Labor Relations Commission in NLRC LAC No. 07-002359-17/NLRC NCR Case No. 08-09732-16 and its subsequent modification of the monetary award.
A perusal of the records shows that respondent dismissed petitioner for a valid and just cause in accordance with respondent's Company Code of Conduct, specifically Class C, sub-paragraph no. 15 which provides that the penalty of dismissal shall be meted out for cases of serious misconduct or physical injury inflicted on another person. Petitioner admitted to losing his self-control and knocking Mr. Garry Dacuba's head twice while petitioner was on duty. Such action displays petitioner's violent and disorderly behavior. Respondent properly exercised its management prerogative in implementing its own company rules and policies. Respondent, however, is found to have violated procedural due process requirements when it failed to furnish petitioner a written notice citing the stated grounds for petitioner's dismissal and to schedule a hearing or conference to provide petitioner with an opportunity to clarify matters and to present further evidence. However, the insufficient compliance with Article 292 (b) 1 of the Labor Code and Book VI, Rule I, Section 2 (d) of the Omnibus Rules Implementing the Labor Code does not render petitioner's dismissal as illegal. It merely gives rise to respondent's liability for the payment of nominal damages.
WHEREFORE, the petition is DENIED. The assailed Decision dated July 31, 2018 and the Resolution dated December 18, 2018 of the Court of Appeals Second Division in CA-G.R. SP No. 154123 are hereby AFFIRMED. Accordingly, respondent Symex Security Services, Inc. is ordered to pay petitioner Alfredo A. Ranin, Jr. the amount of P10,000.00 as nominal damages.
The petitioner's manifestation stating that on February 1, 2019, a motion for an extension of time to file a petition for review on certiorari was filed through registered mail is NOTED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Formerly Article 277 (b).