SECOND DIVISION
[G.R. No. 242549. January 14, 2019.]
REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE VETERANS GOLF CLUB, petitioner,vs. QUIRINO PILPA, JOEL ERIA, LUBINO ESTANISLAO, JULITO LADERO, WENIFREDA LAZARTE, LORETO LLANTO, JUANA LUGTU, LUZ NATIVIDAD, PEDRO PASTORIL, EMMANUEL RAMOS, MACO SABAN, EDUARDO VILLALINO, RODOLFO YABAO, JAYSON AVILA, DORNAR BELIBER, SUNDIE BELIBER, MARIA CAIS, GEMMA FERNANDEZ, LEO MANLANGIT, AND LEOPOLDO NIEVES, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated14 January 2019which reads as follows:
"G.R. No. 242549 (Republic of the Philippines, represented by the Veterans Golf Club v. Quirino Pilpa, Joel Eria, Lubino Estanislao, Julito Ladero, Wenifreda Lazarte, Loreto Llanto, Juana Lugtu, Luz Natividad, Pedro Pastoril, Emmanuel Ramos, Maco Saban, Eduardo Villalino, Rodolfo Yabao, Jayson Avila, Dornar Beliber, Sundie Beliber, Maria Cais, Gemma Fernandez, Leo Manlangit, and Leopoldo Nieves)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the July 13, 2018 2 and October 2, 2018 3 Resolutions of the Court of Appeals (CA) in CA-G.R. SP No. 156218 for failure of petitioner Republic of the Philippines, represented by the Veterans Golf Club (VGC), to sufficiently show that the CA committed any reversible error in issuing the assailed rulings.
The Labor Arbiter, as affirmed by the National Labor Relations Commission (NLRC), correctly ruled that the issue on jurisdiction has already been resolved in the earlier case of VGC v. NLRC, 4 which is now binding on VGC. The CA was also correct when it ruled that VGC failed to rebut respondents' claim that the six (6)-day workweek has been in existence since VGC took over the management of the golf course in 2007 and, as such, has become a company practice. 5 Jurisprudence provides that one who alleges a critical fact has the burden to prove his allegation with substantial evidence. 6 Aside from its bare allegations, VGC failed to establish by substantial evidence that it was suffering from serious losses which necessitated the reduction in the number of working days per week. 7
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 32-76.
2.Id. at 83-98. Penned by Associate Justice Celia C. Librea-Leagogo with Associate Justices Samuel H. Gaerlan and Marie Christine Azcarraga-Jacob, concurring.
3.Id. at 100-101.
4. CA-G.R. SP No. 125751, April 25, 2013, as affirmed by the Supreme Court in G.R. No. 210268 in its Unsigned Resolutions dated February 5, 2014 and August 11, 2014; see rollo, pp. 236-237 and 274-275.
5.Id. at 95-96.
6. See Cootauco v. MMS Phil. Maritime Services, Inc., 629 Phil. 506, 519 (2010).
7. See rollo, p. 97.