Philippine Supreme Court Resolutions > Year 2011 > December 2011 Resolutions > [G.R. No. 198902 : December 12, 2011] ARNOLD M. ROMEN V. MANILA ELECTRIC COMPANY [MERALCO] AND/OR MANUEL M. LOPEZ/JESUS FRANCISCO, CALAPAR SERVICES, INC. AND VIRGILIO F. TAMAYO :

Please take notice that the Court, Third Division, issued a Resolution dated 12 December 2011, which reads as follows:cralaw

G.R. No. 198902 (Arnold M. Romen v. Manila Electric Company [MERALCO] and/or Manuel M. Lopez/Jesus Francisco, Calapar Services, Inc. and Virgilio F. Tamayo). - After deliberating on the submitted petition for review on certiorari assailing the Decision of the Court of Appeals, Manila dated August 22, 2011 and its Resolution dated October 6, 2011, in GA-G.R. SP No. 111734, and considering the allegations, issues and arguments adduced therein, the Court resolves to DENY the petition for failure to show any reversible error in the challenged judgment as to warrant the exercise of the Court's discretionary appellate jurisdiction.

At any rate, the petition failed to comply with the requirements under Rule 45 and other related provisions of the 1997 Rules of Civil Procedure, as amended, governing appeals by certiorari to this Court, in that the verification of the petition is defective, as it is based on petitioner's knowledge and belief, in violation of Section 1, Rule 45 in relation to Section 4, Rule 7 of the 1997 Rule of Civil Procedure.

Thus, the decision of the Court of Appeals is affirmed except that the award of separation pay in lieu of reinstatement, which is equivalent to one-half (1/2) month pay for every year of service, is modified to be equivalent to one (1) month pay for every year of service.^[1]cralaw

WHEREFORE, the Court AFFIRMS the Decision dated August 22, 2011 of the Court of Appeals in CA-G.R. SP No. 111734, with MODIFICATION  that the separation pay in lieu of reinstatement shall be computed at the rate of one (1) month pay for every year of service.

SO ORDERED.

(Peralta, J., no part, as his spouse, CA Justice Fernanda Lampas-Peralta, penned the assailed Court of Appeals resolution; Sereno,  J., designated Member per Raffle dated 10 November 2011.)

Very truly yours,

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

Endnotes:

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^[1] Uy v. Centro Ceramica Corp., G.R. No. 174631, October 19, 2011; Eastern Telecommunications Phils., Inc. v. Diamse, G.R. No. 169299, June 16, 2006, 491 SCRA 239, 251.