SECOND DIVISION
[G.R. No. 211090. April 23, 2014.]
DOMINADOR V. SILVESTRE, petitioner, vs. STARBULK S.A., TECHNOMAR CREW MANAGEMENT CORPORATION, AND TESS BAYLEN-MALAGIOK, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 23 April 2014which reads as follows: cAHITS
G.R. No. 211090 (Dominador V. Silvestre v. Starbulk S.A., Technomar Crew Management Corporation, and Tess Baylen-Malagiok).
After a judicious perusal of the records, the Court resolves to DENY the petition and AFFIRM the July 29, 2013 Decision 1 and January 13, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 125764 for failure of petitioner to sufficiently show that the CA committed any reversible error in holding that there was a just cause in terminating him, albeit he was not accorded procedural due process.
As correctly ruled by the CA, respondents' failure to comply with the notice and hearing requirements did not render petitioner's dismissal invalid since the same was based on a just cause. However, he remains entitled to an award of nominal damages in the amount of P30,000.00 pursuant to prevailing jurisprudence. 3
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZON
Footnotes
1. Rollo, pp. 28-34. Penned by Associate Justice Florito S. Macalino, with Associate Justices Normandie B. Pizarro and Pedro B. Corales, concurring.
2. Id. at 36-37.
3. Realda v. New Age Graphics, Inc., G.R. No. 192190, April 25, 2012, 671 SCRA 410, 423-424.