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[ G.R. No. 137641. August 30, 1999]

PHILTREAD TIRE & RUBBER CORP. vs. CARLITO FLORES.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated AUG 30, 1999.

G.R. No. 137641 (Philtread Tire & Rubber Corp. vs. Carlito Flores.)

Petitioner Philtread Tire & Rubber Corp. questions the dismissal by the Court of Appeals of its petition for certiorari filed before it on grounds that the petition only raised factual issues, and for failure to attach certified true copies of the Labor Arbiter's decision and other material records. The motion for reconsideration was, likewise, denied. Hence, this petition.

After a careful consideration of the petition, the annexes and the comment filed, we find that the issues raised are indeed factual. The question of whether or not private respondent, Carlito Flores, was unjustly dismissed for falsifying company records or documents, and tampering his time cards is a finding best left with the labor officials for they have acquired the expertise in their particular field of endeavor. In the absence of proof t such findings are capricious or arbitrary and not supported by substantial evidence, such findings made by the Labor Arbiter and the NLRC that it is highly improbable for Carlito Flores to have thirty-three (33) time cards in his possession which he allegedly all falsified in order to reflect his overtime work for these time cards only be secured from he security guards. The charge of falsification leveled against the respondent was not substantially established. Thus, Carlito was unjustly dismissed from his employment.

IN VIEW OF THE FOREGOING, the Court Resolved to DENY the petition for lack of merit.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court

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