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220886-2019-Martinez - v. - Fastfood - Chain - Corp.20190609-4863-Wp8mwo - 1
220886-2019-Martinez - v. - Fastfood - Chain - Corp.20190609-4863-Wp8mwo - 1
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated
February 13, 2019 which reads as follows:
"G.R. No. 195512 (MA. AURORA MARTINEZ, Petitioner, v. FASTFOOD
CHAIN CORP. [KARATE KID], AND MICHAEL ANG, Respondents.) — In this
petition for review on certiorari, the petitioner seeks relief from the Court of Appeals
(CA) decision dated September 13, 2010 1 in CA-G.R. SP No. 102875, whereby the
Court of Appeals (CA) a rmed the decision and resolution dated May 31, 2007 2 and
December 17, 2007, 3 respectively, of the National Labor Relations Commission (NLRC),
dismissing the petitioner's complaint for illegal dismissal and modifying the monetary
awards granted by the Labor Arbiter.
The essential facts of the case were succinctly recounted in the assailed CA
decision, to wit:
Petitioner, Ma. Aurora M. Martinez, was employed since September 2,
1999 as Assistant Store Manager of Karate Kid, Ermita Branch, a restaurant
owned by private respondent Fastfood Chain Corporation, located at Robinson's
Mall in Ermita[,] Manila.
In the morning of February 7, 2005, cash collections from store sales
amounting to approximately P101,556.25 and the DVD player of the restaurant
were found missing from the vault of the restaurant. Private respondent Michael
Ang referred the matter to the National Bureau of Investigation (NBI).
The NBI conducted polygraph tests on all the employees of said branch
of Karate Kid. On the same day, the NBI informed Martinez that she failed the
test while both the manager and the cook passed. Petitioner then received a
Notice to Explain, dated February 9, 2005, from private respondent's Human
Resources Department requiring her to give her side of the incident and why she
should not be subjected to disciplinary action.
The next day, after petitioner personally handed her written explanation,
she was immediately placed under preventive suspension until further notice.
She also received a subpoena, dated February 23, 2005, issued by the NBI. CAIHTE
Footnotes
1. Rollo, pp. 31-39; penned by Associate Justice Antonio L. Villamor, with Associate Justice
Jose C. Reyes, Jr. (now a Member of this Court), and Associate Justice Amy C. Lazaro-
Javier, concurring.
2. Id. at 102-103.
3. Id. at 123-124.
4. Id. at 32-34.
5. Id. at 100-101.
6. Id. at 112-113.
7. Id. at 37-38.
8. G.R. No. 194944, September 18, 2017, 840 SCRA 37.
9. Id. at 53-54.
10. G.V. Florida Transport, Inc. v. Tiara Commercial Corp., G.R. No. 201378, October 18, 2017,
842 SCRA 576, 592.
11. G.R. No. 217732, June 15, 2016, 793 SCRA 692.
15. JRS Business Corporation v. National Labor Relations Commission, G.R. No. 108891, July
17, 1995, 246 SCRA 445, 450.
16. G.R. No. 215555, July 29, 2015, 764 SCRA 494.
17. Id. at 503.
18. Rollo, p. 108.
CD Technologies Asia, Inc. 2019 cdasiaonline.com
19. Noblejas v. Italian Maritime Academy Phils., Inc., G.R. No. 207888, June 9, 2014, 725 SCRA
570, 579.
20. Rollo, p. 111.
21. Arc-Men Food Industries Corporation v. National Labor Relations Commission, G.R. No.
127086, August 22, 2002, 387 SCRA 560, 568.
22. Maria De Leon Transportation, Inc. v. Macuray , G.R. No. 214940, June 6, 2018.