FIRST DIVISION
[G.R. No. 243519. March 18, 2019.]
WESTAR METAL INDUSTRIES, INC. AND ROBERT RYAN LEDESMA, petitioners, vs.ERNAN ANDRES MEDINA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 18, 2019which reads as follows:
"G.R. No. 243519 (Westar Metal Industries, Inc. and Robert Ryan Ledesma v. Ernan Andres Medina) — The petitioner's motion for an extension of fifteen (15) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its August 16, 2018 Decision 1 and December 17, 2018 Resolution 2 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, Westar Metal Industries, Inc. and Robert Ryan Ledesma failed to show grave abuse of discretion in the findings and conclusion of the National Labor Relations Commission, affirming the decision of the Labor Arbiter, that Ernan Andres Medina was their regular employee who was terminated without a valid or authorized cause, and without procedural due process. Accordingly, the award of separation pay in lieu of reinstatement, backwages and attorney's fees in his favour are proper and justified.
WHEREFORE, the petition is DENIED. The August 16, 2018 Decision and the December 17, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 153559 are AFFIRMED.
The National Labor Relations Commission is hereby DELETED as party respondent in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended. CHTAIc
SO ORDERED." Bersamin, C.J., on official business.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 23-35; penned by Associate Justice Jhosep Y. Lopez with Associate Justices Magdangal M. De Leon and Rodil V. Zalameda, concurring.
2.Id. at 36-37; penned by Associate Justice Jhosep Y. Lopez with Associate Justices Rodil V. Zalameda and Pedro B. Corales, concurring.