FIRST DIVISION
[G.R. No. 212799. September 1, 2014.]
TOP RATE CONSTRUCTION AND GENERAL SERVICES, INC., petitioner,vs. NAPOLEON F. GADIA, JR., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 1, 2014which reads as follows: HTcADC
"G.R. No. 212799 (Top Rate Construction and General Services, Inc. v. Napoleon F. Gadia, Jr.). — After a judicious perusal of the records, the Court resolves to DENY the petition and AFFIRM the December 20, 2013 Decision 1 and May 27, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 128489 for failure of Top Rate Construction and General Services, Inc. (petitioner) to sufficiently show that the CA committed any reversible error in ruling that Napoleon F. Gadia, Jr. (respondent) was illegally dismissed from his employment.
As correctly held by the CA, respondent — who is deemed to be a regular employee in view of: (a) the absence of any substantial evidence to show that he was engaged as a project employee; and (b) the fact that he worked for petitioner from 2003 to 2011 — was entitled to security of tenure and, hence, can only be removed for a just or authorized cause. Since the existence of such cause was not proven, then it cannot be denied that respondent was illegally dismissed.
SO ORDERED."SERENO, C.J., on leave; VELASCO, JR., J., acting member per S.O. No. 1772 dated August 28, 2014.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1.Rollo, pp. 34-43. Penned by Associate Justice Hakim S. Abdulwahid with Associate Justices Manuel M. Barrios and Socorro B. Inting, concurring.
2.Id. at 44-44A.