February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 198118 : February 20, 2012]
RENEW VENTURES INC. /MR. AND MRS. JOSE M. DE GUZMAN/JESSELYN JANITORIAL & MANAGEMENT SERVICES CO., ET AL. v. LARRY D. MORADA, ALAN D. ANGELES, JAIME D. ANGELES, JR., ET AL.
G.R. No. 198118 (Renew Ventures Inc. /Mr. and Mrs. Jose M. De Guzman/Jesselyn Janitorial & Management Services Co., et al. v. Larry D. Morada, Alan D. Angeles, Jaime D. Angeles, Jr., et al.) � On 1 February 2012, petitioners filed a Motion for Reconsideration (of the Resolution dated 16 November 2011) With Manifestation dated 24 January 2012 ("Motion for Reconsideration") claiming that this Court had disregarded relevant facts that would justify a reversal of our Resolution dated 16 November 2011,� more specifically: (1) Jose M. de Guzman and Lina Q. de Guzman should not be held solidarily liable, since there is no evidence showing that they acted in bad faith in causing the termination of respondents;� (2) respondents are project employees whose employments may be terminated upon completion of the project for which they were employed;' and (3) separation pay should not be awarded to respondents, since they resigned and, thus, are not seeking reinstatement.�
Petitioners manifested that one of them, petitioner Jose M. de Guzman, had died on 24 December 2011.
The Motion for Reconsideration is denied.
The first and the third arguments as described above are a mere rehash of the earlier grounds alleged in the Petition. On the other hand, the fact that respondents are supposedly project employees whose employments may be terminated upon completion of the project for which they were employed is a new ground raised by petitioners. It is, however, too late for the latter to raise this particular issue for the first time. For them to do so would even contradict their earlier position that respondents had not been terminated, but that petitioners merely suspended operations for a period less than six (6) months.
WHEREFORE, the Motion for Reconsideration (of the Resolution dated 16 November 2011) With Manifestation dated 24 January 2012 is DENIED with FINALITY. No substantial arguments were raised to warrant the reversal of the questioned Resolution. No further pleadings or motions shall be entertained in this case. Let entry of judgment be made in due course. (Villarama, Jr., J., designated acting member vice Brion, J., per S.O. No. 1195 dated 15 February 2012)
Very truly yours,
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court
Endnotes:
[1] Rollo, pp. 44-45[2] Id. at 49-53.
[3] Id. at 53-55.
[4] Id. at 55-56.