SECOND DIVISION
[G.R. No. 241528. November 5, 2018.]
RAS STEEL CORPORATION, petitioner, vs. RONEL S. PAGADOR, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated05 November 2018which reads as follows:
"G.R. No. 241528 (RAS Steel Corporation v. Ronel S. Pagador)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the April 13, 2018 Decision 2 and the August 7, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 152159 for failure of petitioner RAS Steel Corporation (petitioner) to sufficiently show that the CA committed any reversible error in finding that the National Labor Relations Commission did not gravely abuse its discretion when it held that respondent Ronel S. Pagador (respondent) was illegally dismissed. aDSIHc
As correctly ruled by the CA, petitioner failed to present any evidence to show that respondent abandoned his work, as to exculpate it from the illegal dismissal charge. 4 Jurisprudence provides that to constitute abandonment, there must be a clear and deliberate intent to discontinue one's employment without any intention of returning, 5 which does not obtain in this case. Moreover, the issue of whether an employee was illegally dismissed or has abandoned his job are questions of fact. 6 Settled is the rule that factual findings of the labor tribunals, when affirmed by the CA, are binding upon this Court, 7 as in this case.
SO ORDERED." (REYES, J., JR., J., designated Additional Member per Special Order No. 2587 dated August 28, 2018; 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. 11-28.
2.Id. at 35-47. Penned by Associate Justice Marlene B. Gonzales-Sison with Associate Justices Ramon Paul L. Hernando (now a member of this Court) and Renato C. Francisco, concurring.
3.Id. at 32-33.
4. See id. at 45.
5. See Claudia's Kitchen, Inc. v. Tanguin, G.R. No. 221096, June 28, 2017, citing Tan Brothers Corporation of Basilan City v. Escudero, 713 Phil. 392, 400 (2013).
6. See Tan Brothers Corporation of Basilan City v. Escudero; id. at 399-400.
7. See Nahas v. Olarte, 734 Phil. 569, 580 (2014). See also Unsigned Resolution in Caboboy v. Tacloban Gleen Marketing, Inc., G.R. Nos. 231520-21, January 8, 2018.