Philippine Supreme Court Resolutions > Year 2011 > December 2011 Resolutions > [G.R. No. 199412 (Formerly UDK 14586) : December 07, 2011] LEO D. CABAL v. NIGHT HAWK DETECTIVE AND SECURITY AGENCY, INC./OR ALEXANDER CHUA:

Please take notice that the Court, Third Division, issued a Resolution dated 07 December 2011, which reads as follows:chanroblesvirtuallawlibrary

G.R. No. 199412 [Formerly UDK 14586] (Leo D. Cabal v. Night Hawk Detective and Security Agency, Inc./or Alexander Chua).chanroblesvirtuallawlibrary

RESOLUTION 

The Court, after a review of the records, resolves to DENY  the petition for failure to show that the Court of Appeals committed reversible error when it ruled that Cabal was not constructively dismissed from employment. The facts showed that he was given a new post on November 20, 2007 after he was relieved from his last post on August 17, 2007. He was duly informed of this new post, as he, in fact, admitted having received the agency's letter on this matter. On the contrary, Cabal never justified why he refused to report for work. Furthermore, the new post was given during the allowable six-month period for temporary off-detail. Hence, the complaint for constructive dismissal was prematurely filed.chanroblesvirtuallawlibrary

Moreover, the Court NOTES  that the petition lacked a proof of service to the Court of Appeals.

SO ORDERED.

J. Velasco, Jr., on official leave. J. Sereno, additional member, per Special Order 1167 dated November 28, 2011; J. Peralta, no part. J. Reyes, additional member, per Raffle dated November 10, 2011.

Very truly yours,

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