FIRST DIVISION
[G.R. No. 236022. April 4, 2018.]
SOFIA TUGUBLIMAS, petitioner,vs. LUENTHAI INTERNATIONAL GROUP PHILIPPINES, INC., 1respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 4, 2018which reads as follows: aTHCSE
"G.R. No. 236022 — Sofia Tugublimas, petitioner vs. Luenthai International Group Philippines, Inc.,respondent
Acting on petitioner's Motion for Extension of Time to File Petition for Review on Certiorari praying for an extension of thirty (30) days from the expiration of the reglementary period on January 4, 2018 within which to file said Petition, this Court resolves to GRANT the same.
This Court has carefully reviewed the allegations, issues, and arguments raised in the instant Petition for Review on Certiorari filed under Rule 45 of the Rules of Court and accordingly resolves to DENY the same for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed June 28, 2017 Decision and November 29, 2017 Resolution in CA-G.R. SP No. 142906 as to warrant the exercise of this Court's discretionary appellate jurisdiction.
It has indeed been held that, "x x x the Labor Code provides that one of the just causes for terminating an employment is the employee's gross and habitual neglect of his duties x x x [which] includes unauthorized absences x x x," 2 as in this case. Furthermore, it is settled that "x x x [a] violation of petitioner's right to statutory due process warrants the payment of indemnity in the form of nominal damages. x x x Hence, the CA did not err in awarding the amount of P30,000.00 to petitioner as and by way of nominal damages." 3
ACCORDINGLY, the Court resolves to AFFIRM the June 28, 2017 Decision and November 29, 2017 Resolution of the Court of Appeals in CA-G.R. SP No. 142906.
SO ORDERED." Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2540 dated February 28, 2018. cAaDHT
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. Also appears as Luen Thai International Group Philippines, Inc. in some parts of the Rollo.
2.Century Iron Works, Inc. v. Bañas; 711 Phil. 576, 589-590 (2013).
3.Santos v. Integrated Pharmaceutical, Inc., 789 Phil. 477, 498-499 (2016), citing Agabon v. National Labor Relations Commission, 485 Phil. 248, 281 (2004).