SECOND DIVISION
[G.R. No. 244805. June 10, 2019.]
SHARON E. SERQUINA, petitioner, vs.STB-DJL HUMAN LINK, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 June 2019which reads as follows:
"G.R. No. 244805 (Sharon E. Serquina v. STB-DJL Human Link, Inc.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the October 25, 2018 Decision 2 and the January 25, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 156147 for failure of petitioner Sharon E. Serquina (petitioner) to sufficiently show that the CA committed any reversible error in affirming the Labor Arbiter's dismissal 4 of her complaint 5 for illegal dismissal.
As correctly ruled by the CA, petitioner deliberately severed her relationship with respondent STB-DJL Human Link, Inc. (respondent) when she voluntarily executed her August 10, 2017 resignation letter, 6 expressing her intent to resign. 7 Settled is the rule that in an illegal dismissal case, the employer whose defense is the voluntary resignation of the employee must prove by clear, positive, and convincing evidence that the resignation was voluntary, 8 which respondent was able to discharge in this case. HTcADC
SO ORDERED. (REYES, J., JR., J., on leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 11-34.
2.Id. at 38-52. Penned by Associate Justice Remedios A. Salazar-Fernando with Associate Justices Franchito N. Diamante and Ma. Luisa Quijano-Padilla, concurring.
3.Id. at 71-73.
4. See Decision dated October 30, 2017, penned by Presiding Labor Arbiter Rosalina Maria O. Apita-Battung; id. at 131-135.
5. See Position Paper of petitioner dated October 5, 2017; rollo, pp. 75-87.
6.Id. at 74.
7. See id. at 46.
8.FCA Security and General Sevices, Inc. v. Academia, Jr. II, G.R. No. 189493, August 2, 2017; citation omitted.