Philippine Supreme Court Resolutions > Year 2011 > December 2011 Resolutions > [G.R. No. 198616 : December 14, 2011] ERG HEALTH SHOP, INC. v. JUVY LABAY, JEANILYN BANGA, ARLENE HERRERA, ET AL.:

Please take notice that the Court, Third Division, issued a Resolution dated 14 December 2011, which reads as follows:chanroblesvirtuallawlibrary

G.R. No. 198616 (ERG Health Shop, Inc. v. Juvy Labay, Jeanilyn Banga, Arlene Herrera, et al).

RESOLUTION 

After a review of the records, the Court resolves to DENY  the petition for failure to show that the Court of Appeals committed reversible error when it set aside the ruling of the Office of the President (OP) and reinstated the Order of the Labor Secretary, which in turn, affirmed the DOLE Regional Director Order. The proper remedy to question the decisions or orders of the Secretary of Labor is via  a Petition for Certiorari under Rule 65, not via an appeal to the OP. Appeals to the OP in labor cases have been eliminated, except those involving national interest. The assailed decision, not having been questioned before the proper body within the period provided for appeal, has thus become final and executory.^[1]chanroblesvirtuallawlibrary

SO ORDERED.

  Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
  Division Clerk of Court

Endnotes:

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^[1]  Barairo v. Office of the President, G.R. No. 189314, June 15, 2011.