TELEPERFORMANCE PHILS., PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION), AND JENNIBETH MARCOS, RESPONDENTS.
CARANDANG, J.:
“WHEREFORE, in view of the foregoing, the instant petition is hereby GRANTED. The Resolutions dated August 23, 2011 and October 26, 2011 rendered by the NLRC are hereby REVERSED AND SET ASIDE. The complaint is hereby DISMISSED.
SO ORDERED.”[1]
Private respondent moves for the reconsideration of the aforesaid decision on the ground that she did not receive any of the notices/letters petitioner sent because said notices/letters were sent at 51 Kanlaon St., Brgy. Highway Hills, Mandaluyong City, whereas, her true address as reflected on her company Identification Card is at 649 Palapala, San Ildefonso, Bulacan.
We find no cogent reason to depart from Our Decision dated July 26, 2013. It is only now in her Motion for Reconsideration that private respondent questions the sending of the notices/letters to an alleged incorrect address. All throughout the proceedings in this case starting from the Labor Arbiter up to the appeal before Us, private respondent never questioned the sending of the said notices to an address different than that reflected on her company ID. If indeed the notices/letters were sent to the wrong address, private respondent could have disproved petitioner’s claim of sending said notices by the mere expedient of pointing out the error in her pleadings before the Labor Arbiter, the NLRC and even before this Court. Private respondent failed to do so for reasons unknown, hence, We are behooved to believe that she did not raise the issue because the address reflected in the said notices/letters sent by petitioner is her last known address.
Moreover, all the other issues raised by private respondent had been threshed out in the assailed decision. There is no novel issue to merit a reconsideration thereof.
WHEREFORE, in view of the foregoing, the instant motion for reconsideration is hereby DENIED.
SO ORDERED.
Rosario and Dimagiba, JJ., concur.
[1] Appended to Rollo