January 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199286 : January 18, 2012]
MAXIMUM SECURITY AND SERVICES CORP./MR. VIRGILIO GONZALES v. NESTOR C. FONTANILLA
G.R. No. 199286 (Maximum Security and Services Corp./Mr. Virgilio Gonzales v. Nestor C. Fontanilla)
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 affirmed the ruling of the National Labor Relations Commission that respondent Nestor C. Fontanilla was constructively dismissed. Fontanilla reported to the office of petitioners Maximum Security and Services Corp./Virgilio Gonzales after receiving the September 29, 2008 directive but he was not given any new post. The allegation that petitioners called him on February 11, 2009 and March 13, 2009 to offer him new posts which he both rejected was not substantiated. As the Court of Appeals aptly observed, petitioners had the burden to prove that Fontanilla was not dismissed, or, if dismissed, that the dismissal was legal. While the phone records proved that phone calls were indeed made, they do not prove that the phone calls pertained to the new postings and that during these conversations, Fontanilla was offered the posts but he declined. Petitioners should have adduced independent and competent evidence to show the existence of the available posts and that the same were offered to Fontanilla.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court