SECOND DIVISION
[G.R. No. 228414. April 23, 2018.]
KENNETH PATRICK V. VILLAVICENCIO, petitioner, vs.PYRAMID CONSTRUCTION AND DEVELOPMENT GROUP CORPORATION, LILIBETH LAM, AND AMY QUE, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated23 April 2018which reads as follows: CAacTH
"G.R. No. 228414 (Kenneth Patrick V. Villavicencio v. Pyramid Construction and Development Group Corporation, Lilibeth Lam, and Amy Que)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the June 23, 2016 Decision 1 and November 17, 2016 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 142935 for failure of petitioner Kenneth Patrick V. Villavicencio (petitioner) to sufficiently show that the CA committed any reversible error in reinstating the April 30, 2015 Decision 3 of the Labor Arbiter (LA), which dismissed his complaint for lack of merit.
As correctly ruled by the CA, petitioner failed to establish by substantial evidence that he was dismissed from his employment, actual or otherwise. Jurisprudence establishes that before the employer is burdened with proving the validity of the dismissal, the employee must first establish by competent evidence the fact of his or her dismissal from employment, the absence of which would negate any question as to the legality or illegality thereof, 4 as in this case. Since no employee-dismissal action occurred in this case, petitioner's illegal dismissal complaint should, as the LA did, perfunctorily be dismissed for lack of merit. Finally, the CA correctly held that petitioner is not entitled to his claimed commissions since the evidence clearly show that he failed to comply with the documentary requirements set by the company to be entitled to the same.
SO ORDERED."
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 37-48. Penned by Associate Justice Normandie B. Pizarro with Associate Justices Samuel H. Gaerlan and Ma. Luisa C. Quijano-Padilla concurring.
2.Id. at 50-51.
3.Id. at 133-139. Penned by Labor Arbiter Eduardo DJ. Carpio.
4. See Exodus International Construction Corporation v. Guillermo Biscocho, 659 Phil. 142 (2011); See also Basay v. Hacienda Consolacion, 632 Phil. 430 (2010) and Labadan v. Forrest Hills Academy, 595 Phil. 859 (2008).