SECOND DIVISION
[G.R. No. 244331. March 11, 2019.]
JOSE R. TORRES, JR., petitioner,vs. OSA INDUSTRIES PHILIPPINES, INC./MR. ONG SIOW AIK, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 11 March 2019 which reads as follows:
"G.R. No. 244331 (Jose R. Torres, Jr. v. OSA Industries Philippines, Inc./Mr. Ong Siow Aik)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the July 31, 2018 Decision 2 and the January 15, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 152888 for failure of petitioner Jose R. Torres, Jr. (petitioner) to sufficiently show that the CA committed any reversible error in affirming the National Labor Relations Commission's (NLRC) ruling 4 that he was not illegally dismissed by respondents OSA Industries Philippines, Inc./Mr. Ong Siow Aik (respondents).
As correctly ruled by the CA, petitioner's separation from employment was the result of his voluntary resignation. 5 It is clear that resignation voluntarily made by the employee, without coercion or intimidation, contradicts a claim of illegal dismissal. 6 Further, the CA was also correct in ruling that the thirty (30)-day notice for an employee's resignation is within the employer's discretion to waive. 7 Hence, respondents' act of considering petitioner's resignation as immediately effective cannot be deemed a dismissal. Settled is the rule that the factual findings of the NLRC, when affirmed by the CA, are generally conclusive on this Court. 8 Although there are exceptions to this rule, 9 none of which are applicable in this case.
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-17.
2.Id. at 21-34. Penned by Associate Justice Carmelita Salandanan Manahan with Presiding Justice and Chairperson Romeo F. Barza and Associate Justice Stephen C. Cruz, concurring.
3.Id. at 36-38.
4. Dated June 23, 2017, penned by Commissioner Mercedes R. Posada-Lacap with Presiding Commissioner Grace E. Maniquiz-Tan and Commissioner Dolores M. Peralta-Beley, concurring; id. at 178-194.
5. See id. at 29.
6. See Unsigned Resolution in Castromero v. Red Mane Security Agency, G.R. No. 217399, June 13, 2016. See also Valdez v. NLRC, 349 Phil. 760, 767 (1998). See also rollo, p. 30.
7. See Hechanova Bugay Vilchez Lawyers v. Matorre, 719 Phil. 608, 620 (2013); and Paredes v. Feed the Children Philippines, Inc., 769 Phil. 418, 439 (2015). See also rollo, p. 30.
8.Career Philippines Shipmanagement, Inc. v. Serna, 700 Phil. 1, 10 (2012).
9. See id.