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Supreme Court
Manila
THIRD DIVISION
WOODRIDGE SCHOOL (now
WOODRIDGE COLLEGE, INC.),
Petitioner,
known
- versus -
This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court seeking to set
aside the Court of Appeals (CA) Decision[1] dated June 30, 2003 and its Resolution[2] dated
September 26, 2003 in CA-G.R. SP No. 75249. The assailed decision in turn set aside the
Resolution[3] of the National Labor Relations Commission (NLRC) dated June 28, 2002 in
NLRC Case No. RAB-IV-3-13593-01-C (CA No. 030579-02).
The factual and procedural antecedents follow:
Petitioner Woodridge School is a private educational institution located at Woodwinds Village,
Molino 6, Bacoor, Cavite. Respondents Joanne C. Pe Benito (Pe Benito) and Randy T. Balaguer
(Balaguer) were hired as probationary high school teachers effective June 1998 and June 1999,
respectively.[4] Their contracts of employment covered a three (3) year probationary period. Pe
Benito handled Chemistry and Physics while Balaguer taught Values Education and Christian
Living.[5]
On February 19, 2001, respondents, together with twenty other teachers, presented petitioner
with a Manifesto Establishing Relevant Issues Concerning the School [6] raising various issues
which they wanted addressed, among which were:
I. NSAT/NEAT ANOMALY:
We emphatically condemn the schools grave act of wrongdoing when it involved
itself on the NSAT and NEAT anomaly. We demand that we be given assurance in
writing that this illegal and immoral conduct will never happen again, otherwise,
we will be obligated as moral guardians of the youth to make more proper action.
II.
We felt betrayed when one of our former colleague[s] who was then regularly
employed and was perceived to be harmless and an asset to the school, for no
solid basis or apparent investigation conducted by the school, was suddenly
expelled from his job.
xxxx
III.
We wonder until now even after a number of years have already passed, our
copies of individual contracts with the school have not yet been furnished to
us. We demand that this legal document will be (sic) issued to us for job security
and other legal purposes it may serve.
We also demand that AN APPOINTMENT OF PERMANENCY shall be (sic)
given to a permanent teacher from the time the teacher is qualified to be
permanent based on the duly set terms/standards of permanency of the school.
IV.
It has been observed and experienced from the past school years and until the
present that there are a lot of inconsistencies regarding the schools policies like:
A.
Changing of:
The narrative forms of students
Grades, and
Behavioral rating sheets
With these experiences, the teachers felt cheated and that these affect (sic) their
sense of worth and credibility. We then ask that the school should as always
respect what the teachers deemed to be right and just fitting for the students. After
all, the teachers are the ones meeting and facing the students and they know what
is due to the students better that (sic) anyone else in the school.
B.
Others.[7]
A confrontation between the school administrators and the concerned teachers was held, but no
settlement was arrived at.
For failure of the parties to resolve the issues, especially the alleged NSAT/NEAT anomaly,
respondents filed a formal complaint against petitioner with the Department of Education,
Culture and Sports (DECS)[8] requesting the latter to undertake a formal investigation, institute
appropriate charges, and impose proper sanctions against petitioner.[9]During the pendency of the
DECS case, and for lack of a positive action from petitioner, respondents appeared on television
and spoke over the radio on the alleged NEAT/NSAT anomaly.
On February 28, 2001, petitioner sent two separate Memoranda [10] to respondents placing them
under preventive suspension for a period of thirty days on the following grounds: 1) uttering
defamatory remarks against the school principal in the presence of their co-teachers; 2)
announcing to the students and teachers their alleged immediate termination from service; 3)
tardiness; 4) spreading false accusations against petitioner; 5) absence without official leave; and
6) appearing on television and speaking over the radio to malign petitioner. In the same
memoranda, respondents were required to explain in writing within seventy-two (72) hours why
they should not be terminated from their employment.This prompted respondents to commence
an action for illegal suspension before the NLRC. The case was docketed as NLRC NCR CASE
NO. RAB-IV-3-13593-01-C.
On March 19, 2001, petitioner issued respondents their Notice of Termination, [11] each to take
effect similarly on March 31, 2001, citing the foregoing grounds. In addition, petitioner informed
respondents that they did not qualify as regular employees for their failure to meet the
performance standards made known to them at the start of their probationary period.
Respondents then amended their initial complaint, to include illegal dismissal.
After the submission of the parties position papers, on November 29, 2001, Labor Arbiter
Vicente R. Layawen rendered a Decision dismissing the complaint. [12] He concluded that the
termination of the respondents probationary employment was justified because of their failure to
submit vital teaching documents. Specifically, Pe Benito failed to submit her day book/lesson
plans; while Balaguer failed to submit the subject syllabi and he had no record of class
requirements as to quizzes, seatworks, homeworks, and recitation which were supposed to be the
bases in rating the students performance.[13] More importantly, the Labor Arbiter found
respondents guilty of serious misconduct warranting their dismissal from service because of
maliciously spreading false accusation against the school through the mass media. These acts,
according to the Labor Arbiter, made them unfit to remain in the schools roster of teachers.
[14]
The Labor Arbiter also validated the preventive suspension of respondents for their having
used the classroom as venue in spreading uncorroborated charges against petitioner, thus posing
a serious threat to petitioners business and reputation as a respectable institution.[15]
On appeal to the NLRC, the Commission affirmed [16] the Labor Arbiters disposition in its
entirety. The Commission concluded that respondents acts, taken together, constitute serious
misconduct, warranting their dismissal from service.
Aggrieved, respondents elevated the matter to the CA in CA-G.R. SP No. 75249. The CA
granted the petition and set aside the NLRC ruling in a decision, the dispositive portion of which
reads:
WHEREFORE, premises considered, the present petition is hereby GIVEN DUE
COURSE and the writ prayed for accordingly GRANTED. Consequently, the
assailed Resolutions of public respondent NLRC are hereby SET ASIDE and a
new one is hereby entered declaring the thirty (30)-day suspension of petitioners
on February 28, 2001 as illegal and ordering private respondent Woodridge
School to pay to both petitioners Joanne C. Pe Benito and Randy T. Balaguer their
salaries and benefits accruing during said period of illegal suspension. Woodridge
School is also ordered to pay to petitioner Balaguer back wages for the period
April 1, 2001 up to March 31, 2002. Finally, it is further ordered to pay each of
the petitioners the sums ofP50,000.00 as moral damages, P50,000.00 as
exemplary damages and attorneys fees equivalent to ten percent (10%) of the total
amount due.
No pronouncement as to costs.
SO ORDERED.[17]
The appellate court declared the preventive suspension of respondents invalid because it was
based on the alleged violation of school regulations on the wearing of uniform, tardiness or
absence, and maliciously spreading false accusations against the school, grounds that do not pose
a serious threat to the life or property of the employer or of the workers. [18] Contrary to the Labor
Arbiter and the Commissions findings, the CA concluded that respondents acts do not constitute
serious misconduct. Respondents act of exposing the alleged NSAT/NEAT anomaly, as well as
raising the other issues haunting the school administration, only indicates their concern for the
integrity of the government examination and of the school. The use of the mass media was
simply the respondents response to the petitioners inaction on their grievances. [19] No bad faith
could be attributed to respondents in acting the way they did.
The appellate court likewise refused to sustain petitioners contention that respondents failed to
qualify for permanent employment, as there was no sufficient evidence to prove the same. [20] The
appellate court emphasized that because respondents are probationary employees, legal
protection extends only to the period of their probation.[21] The dismissal breached their
probationary employment, and being tainted with bad faith, the court upheld the award of moral
and exemplary damages.[22]
Aggrieved, petitioner comes before this Court in this petition for review on certiorari, raising the
sole issue of:
WHETHER OR NOT THE COURT OF APPEALS COMMITTED SERIOUS
ERROR IN GRANTING RESPONDENTS PETITION FOR CERTIORARI AND
IN SETTING ASIDE THE FINDINGS OF BOTH THE NLRC AND THE
LABOR ARBITER A QUO.[23]
As to the certification against forum shopping, the CA correctly relaxed the Rules in order to
serve the ends of justice. While the general rule is that the certificate of non-forum shopping
must be signed by all the plaintiffs or petitioners in a case and the signature of only one of them
is insufficient, this Court has stressed that the rules on forum shopping, which were designed to
promote and facilitate the orderly administration of justice, should not be interpreted with
absolute literalness as to subvert its own ultimate and legitimate objective. Strict compliance
with the provisions regarding the certificate of non-forum shopping merely underscores its
mandatory nature in that the certification cannot be altogether dispensed with or its requirements
completely disregarded. It does not, however, interdict substantial compliance with its provisions
under justifiable circumstances.[28]
In fact, we have relaxed the rules in a number of cases for two compelling reasons: social justice
considerations[29] and the apparent merit[30] of the petition. In light of these jurisprudential
pronouncements, the CA should not be faulted in setting aside the procedural infirmity, allowing
the petition to proceed and deciding the case on the merits. In rendering justice, courts have
always been, as they ought to be, conscientiously guided by the norm that on the balance,
technicalities take a backseat vis--vis substantive rights, and not the other way around.[31]
Now on the substantive issue of the validity of the dismissal and preventive suspension of
respondents.
Petitioner insists that respondents dismissal from service was lawful and justified by the
following grounds: 1) as probationary employees, respondents failed to meet the reasonable
standards for their permanent employment; and 2) in publicly accusing petitioner on radio and
national television, of dishonesty and wrongdoing, during the pendency of the administrative
investigation of the alleged dishonest acts, undertaken by the proper government agency.[32]
Initially, it should be clarified that this controversy revolves only on respondents probationary
employment. On March 31, 2001, the effective date of their dismissal, [33]respondents were not
regular or permanent employees; they had not yet completed three (3) years of satisfactory
service as academic personnel which would have entitled them to tenure as permanent
employees in accordance with the Manual of Regulations for Private Schools.[34] On that date, Pe
Benitos contract of employment still had two months to run, while Balaguers probationary
employment was to expire after one year and two months.
A probationary employee is one who, for a given period of time, is being observed and
evaluated to determine whether or not he is qualified for permanent employment. A probationary
appointment affords the employer an opportunity to observe the skill, competence and attitude of
a probationer. The word probationary, as used to describe the period of employment, implies the
purpose of the term or period. While the employer observes the fitness, propriety and efficiency
of a probationer to ascertain whether he is qualified for permanent employment, the probationer
at the same time, seeks to prove to the employer that he has the qualifications to meet the
reasonable standards for permanent employment.[35]
Probationary employees enjoy security of tenure in the sense that during their probationary
employment, they cannot be dismissed except for cause or when he fails to qualify as a regular
employee.[36] However, upon expiration of their contract of employment, probationary employees
cannot claim security of tenure and compel their employers to renew their employment
contracts. In fact, the services of an employee hired on probationary basis may be terminated
when he fails to qualify as a regular employee in accordance with reasonable standards made
known by the employer to the employee at the time of his engagement. There is nothing that
would hinder the employer from extending a regular or permanent appointment to an employee
once the employer finds that the employee is qualified for regular employment even before the
expiration of the probationary period.Conversely, if the purpose sought by the employer is
neither attained nor attainable within the said period, the law does not preclude the employer
from terminating the probationary employment on justifiable ground.[37]
The notices of termination sent by petitioner to respondents stated that the latter failed to qualify
as regular employees.[38] However, nowhere in the notices did petitioner explain the details of
said failure to qualify and the standards not met by respondents. We can only speculate that this
conclusion was based on the alleged acts of respondents in uttering defamatory remarks against
the school and the school principal;[39] failure to report for work for two or three times; [40] going
to class without wearing proper uniform;[41]delay in the submission of class records; and nonsubmission of class syllabi. Yet, other than bare allegations, petitioner failed to substantiate the
same by documentary evidence.Considering that respondents were on probation for three years,
and they were subjected to yearly evaluation by the students and by the school administrators
(principal and vice-principal), it is safe to assume that the results thereof were definitely
documented. As such, petitioner should have presented the evaluation reports and other related
documents to support its claim, instead of relying solely on the affidavits of their witnesses. The
unavoidable inference, therefore, remains that the respondents dismissal is invalid.
If respondents could not be dismissed on the above-mentioned ground, could their services have
been validly terminated on the ground of serious misconduct?
The Labor Code commands that before an employer may legally dismiss an employee from the
service, the requirement of substantial and procedural due process must be complied with.
[42]
Under the requirement of substantial due process, the grounds for termination of employment
must be based on just[43] or authorized causes.[44]
Misconduct is defined as improper or wrong conduct. It is the transgression of some established
and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies
wrongful intent and not mere error of judgment. The misconduct to be serious within the
meaning of the Act, must be of such a grave and aggravated character and not merely trivial or
unimportant.[45] Such misconduct, however serious, must nevertheless be in connection with the
work of the employee to constitute just cause for his separation. [46] It is not sufficient that the act
or conduct complained of has violated some established rules or policies. It is equally important
and required that the act or conduct must have been performed with wrongful intent.[47]
Petitioner anchored its imputation of serious misconduct principally on the respondents expose
of the NSAT/NEAT anomaly. Petitioner argues that by appearing on television and speaking over
the radio, respondents were undeserving to become part of the school community, and the
school, therefore, could not be compelled to retain in its employ such undisciplined teachers.
In this regard, we find it necessary to go back to where the controversy started, when the
concerned teachers, including respondents, presented to petitioner a manifesto, setting forth the
issues they wanted the school to address. As correctly observed by the CA, the tenor of the
manifesto indicated good faith, as the teachers, in fact, expressly stated that their ultimate
objective was not to put the school down, but to work for some changes which would be
beneficial to the students, teachers, the school and the country as a whole.[48] In their effort to
settle the issues amicably, the teachers (including respondents) asked for a dialogue with
petitioner but the latter, instead of engaging in creative resolution of the matter, uttered
unnecessary statement against respondents. This incident was followed by subsequent acts of
petitioner showing abuse of its power over the teachers, especially respondents, who at that time,
were under probation. Notwithstanding its claim that respondents were remiss in their duties as
teachers during the whole period of probation, it was only after the NSAT/NEAT expos when
petitioner informed respondents of their alleged substandard performance. The chronology of
events, therefore, supports the view that respondents suspension and eventual dismissal from
service were tainted with bad faith, as obvious retaliatory acts on the part of petitioner.
The totality of the acts of respondents cannot be characterized as misconduct under the law,
serious enough to warrant the severe penalty of dismissal. This is especially true because there is
no finding of malice or wrongful intent attributable to respondents. We quote with approval the
CAs ratiocination in this wise:
Petitioners [respondents herein], along with their colleagues, initiated the dialogue
and brought the above issues to the school authorities but the School Principals
reaction was far from what the teachers expected. Instead of taking serious
concern and properly addressing the teachers grievances as expressed in the
Manifesto, Mrs. Palabrica got angry and hysterical accusing the petitioners
[respondents] of malice and bad faith and even threatened to dismiss
them. Petitioners [respondents] subsequent media expos and filing of a formal
complaint was necessitated by private respondents [petitioners] inaction and
refusal to heed their legitimate complaint. Being but a legitimate exercise of their
rights as such teachers/educators and as citizens, under the circumstances, We
cannot readily impute malice and bad faith on the part of the petitioners
[respondents] who, in fact, risked such the harsh consequence of loss of their job
and non-renewal of their probationary employment contract just so the issue of
the NEAT/NSAT anomaly involving their school would be ventilated in the
proper forum as to compel or somehow pressure not only their school but more
important, the governments education officials at the DECS to undertake proper
and urgent measures. Hardly would such acts in relation to a matter impressed
with public interest i.e. the integrity of the NEAT/NSAT process as a tool
designed by the DECS to measure or gauge the achievement level of pupils and
students in the schools nationwide be considered as showing moral depravity or ill
will on the part of the petitioners. x x x[49]
In light of this disquisition, it is settled that petitioner failed to comply with the requirement of
substantial due process in terminating the employment of respondents.
We now determine whether petitioner had complied with the procedural aspect of lawful
dismissal.
In the termination of employment, the employer must (a) give the employee a written notice
specifying the ground or grounds of termination, giving to said employee reasonable opportunity
within which to explain his side; (b) conduct a hearing or conference during which the employee
concerned, with the assistance of counsel if the employee so desires, is given the opportunity to
respond to the charge, present his evidence or rebut the evidence presented against him; and (c)
give the employee a written notice of termination indicating that upon due consideration of all
circumstances, grounds have been established to justify his termination.[50]
Suffice it to state that respondents were afforded their rights to answer to petitioners allegation
and were given the opportunity to present evidence in support of their defense.Nowhere in any of
their pleadings did they question the procedure for their termination except to challenge the
ground relied upon by petitioner. Ostensibly, therefore, petitioner had complied with the
procedural aspect of due process in terminating the employment of respondents. However, we
still hold that the dismissal is illegal, because of petitioners failure to satisfy the substantive
aspect thereof, as discussed above.
We are not unmindful of the equally important right of petitioner, as employer, under our
Constitution, to be protected in their property and interest. Nevertheless, the particular
circumstances surrounding this case convince us that the supreme penalty of dismissal upon
respondents is not justified. The law regards the workers with compassion. This is not only
because of the laws concern for the workingman. There is, in addition, his family to
consider. Unemployment brings untold hardships and sorrows on those dependent upon the
wage-earner.[51]
Respondents likewise questioned their preventive suspension, but the Labor Arbiter and
the NLRC sustained its validity. The CA, on the other hand, declared the same to be illegal.
Thus, petitioner insists that respondents preventive suspension was proper, in view of the latters
acts of utilizing their time, not to teach, but to spread rumors that the former was about to cease
operation.[52]
The law is clear on this matter. While the employer may place the worker concerned under
preventive suspension, it can do so only if the latters continued employment poses a serious and
imminent threat to the life or property of the employer or of his co-workers. [53] In this case, the
grounds relied upon by petitioner in placing respondents under preventive suspension were the
alleged violation of school rules and regulations on the wearing of uniform, tardiness or absence,
and maliciously spreading false accusations against the school.[54] These grounds do not, in any
way, pose a threat to the life or property of the school, of the teachers or of the students and their
parents. Hence, we affirm the CAs conclusion that respondents preventive suspension was
illegal.
As probationary employees, respondents security of tenure is limited to the period of their
probation for Pe Benito, until June 2001[55] and for Balaguer, June 2002.[56] As they were no
longer extended new appointments, they are not entitled to reinstatement and full
backwages. Rather, Pe Benito is only entitled to her salary for her 30-day preventive suspension.
[57]
As to Balaguer, in addition to his 30-day salary during his illegal preventive suspension, he is
entitled to his backwages for the unexpired term of his contract of probationary employment.
Lastly, petitioner faults the appellate court for awarding moral and exemplary damages in
favor of respondents despite lack of sufficient basis to support the award.[58]
A dismissed employee is entitled to moral damages when the dismissal is attended by bad faith
or fraud; or constitutes an act oppressive to labor; or is done in a manner contrary to good
morals, good customs or public policy. Exemplary damages, on the other hand, may be awarded
if the dismissal is effected in a wanton, oppressive or malevolent manner.[59] The award of said
damages cannot be justified solely upon the premise that the employer fired his employee
without just cause or due process. It is necessary that additional facts be pleaded and proven that
the act of dismissal was attended by bad faith, fraud, et al., and that social humiliation, wounded
feelings and grave anxiety resulted therefrom.[60]
Be that as it may, we find the award of moral and exemplary damages proper, as we quote with
approval the CAs justification for the award, thus:
At any rate, there is no question that both petitioners [respondents herein] are
entitled to the award of moral and exemplary damages, in view of the proven acts
done in bad faith on the part of private respondents [petitioner herein] who
threatened petitioners [respondents] immediate dismissal when the Manifesto was
presented by petitioners [respondents], berating and verbally castigating petitioner
[respondent] Pe Benito, portraying them as mere detractors in an open letter to the
parents who were merely motivated by the design to malign the integrity of the
school. x x x We find such bad faith on the part of private respondents [petitioner]
in effectively exerting pressure to silence the petitioners [respondents] regarding
their legitimate grievances against the school as sufficiently established in the
records, private respondents [petitioners] actuations having sullied the
professional integrity of the petitioners [respondents] and divided the faculty
members on the controversy. For such unjustified acts in relation to the
NEAT/NSAT controversy that resulted to loss, prejudice and damage to
petitioners [respondents], private respondents [petitioner] are liable for moral and
exemplary damages.[61]
WHEREFORE, premises considered, the petition is hereby DENIED. The Court of Appeals
Decision and Resolution dated June 30, 2003 and September 26, 2003, respectively, in CA-G.R.
SP No. 75249, are AFFIRMED.
SECOND DIVISION
YOLANDA M. MERCADO,
versus -
PEREZ, and
*
MENDOZA, JJ.
AMA
COMPUTER
COLLEGEPARAAQUE CITY, INC. ,
Promulgated:
Respondent.
April 13, 2010
x-----------------------------------------------------------------------------------------x
DECISION
BRION, J.:
2007[2] and its resolution of June 20, 2008[3] that set aside the National Labor
Relations Commissions (NLRC) resolution dated July 18, 2005.[4]
The background facts are not disputed and are summarized below.
1.
POSITION. The TEACHER has agreed to accept a non-tenured
appointment to work in the College of xxx effective xxx to xxx or for
the duration of the last term that the TEACHER is given a teaching
load based on the assignment duly approved by the DEAN/SAVP-COO.
[Emphasis supplied]
For the school year 2000-2001, AMACC implemented new faculty screening
guidelines, set forth in its Guidelines on the Implementation of AMACC
Faculty Plantilla.[7]Under the new screening guidelines, teachers were to be
hired or maintained based on extensive teaching experience, capability,
potential, high academic qualifications and research background. The
performance standards under the new screening guidelines were also used
to determine the present faculty members entitlement to salary
increases.The petitioners failed to obtain a passing rating based on
the performance standards; hence AMACC did not give them any
salary increase.[8]
You are hereby instructed to report to the HRD for further instruction. Please
bear in mind that as per company policy, you are required to accomplish
On March 15, 2002, Labor Arbiter (LA) Florentino R. Darlucio declared in his
decision[14] that the petitioners had been illegally dismissed, and ordered
AMACC to reinstate them to their former positions without loss of seniority
rights and to pay them full backwages, attorneys fees and 13 th month pay.
The LA ruled that Article 281 of the Labor Code on probationary employment
applied to the case; that AMACC allowed the petitioners to teach for the first
semester of school year 2000-200; that AMACC did not specify who among
the petitioners failed to pass the PAST and who among them did not comply
with the other requirements of regularization, promotions or increase in
salary; and that the petitioners dismissal could not be sustained on the basis
of AMACCs vague and general allegations without substantial factual basis.
[15]
Significantly, the LA found no discrimination in the adjustments for the
salary rate of the faculty members based on the performance and other
qualification which is an exercise of management prerogative.[16] On this
basis, the LA paid no heed to the claims for salary increases.
On appeal, the NLRC in a Resolution dated July 18, 2005 [17] denied AMACCs
appeal for lack of merit and affirmed in toto the LAs ruling. The NLRC,
however, observed that the applicable law is Section 92 of the Manual of
Regulations for Private Schools (which mandates a probationary period of
nine consecutive trimesters of satisfactory service for academic personnel in
the tertiary level where collegiate courses are offered on a trimester basis),
not Article 281 of the Labor Code (which prescribes a probationary period of
six months) as the LA ruled. Despite this observation, the NLRC affirmed the
LAs finding of illegal dismissal since the petitioners were terminated on the
basis of standards that were only introduced near the end of their
probationary period.
The NLRC ruled that the new screening guidelines for the school year 200020001 cannot be imposed on the petitioners and their employment contracts
since the new guidelines were not imposed when the petitioners were first
employed in 1998. According to the NLRC, the imposition of the new
guidelines violates Section 6(d) of Rule I, Book VI of the Implementing Rules
of the Labor Code, which provides that in all cases of probationary
employment, the employer shall make known to the employee the standards
under which he will qualify as a regular employee at the time of his
engagement. Citing our ruling in Orient Express Placement Philippines v.
NLRC,[18] the NLRC stressed that the rudiments of due process demand that
employees should be informed beforehand of the conditions of their
employment as well as the basis for their advancement.
AMACC elevated the case to the CA via a petition for certiorari under Rule 65
of the Rules of Court. It charged that the NLRC committed grave abuse of
discretion in: (1) ruling that the petitioners were illegally dismissed; (2)
refusing to recognize and give effect to the petitioners valid term of
employment; (3) ruling that AMACC cannot apply the performance standards
generally applicable to all faculty members; and (4) ordering the petitioners
reinstatement and awarding them backwages and attorneys fees.
The CA Ruling
The CA ruled that under the Manual for Regulations for Private Schools, a
teaching personnel in a private educational institution (1) must be a full time
teacher; (2) must have rendered three consecutive years of service; and (3)
such service must be satisfactory before he or she can acquire permanent
status.
The CA noted that the petitioners had not completed three (3) consecutive
years of service (i.e. six regular semesters or nine consecutive trimesters of
satisfactory service) and were still within their probationary period; their
teaching stints only covered a period of two (2) years and three (3) months
when AMACC decided not to renew their contracts on September 7, 2000.
The CA effectively found reasonable basis for AMACC not to renew the
petitioners contracts. To the CA, the petitioners were not actually dismissed;
their respective contracts merely expired and were no longer renewed by
AMACC because they failed to satisfy the schools standards for the school
year 2000-2001 that measured their fitness and aptitude to teach as regular
faculty members. The CA emphasized that in the absence of any evidence of
bad faith on AMACCs part, the court would not disturb or nullify its discretion
to set standards and to select for regularization only the teachers who
qualify, based on reasonable and non-discriminatory guidelines.
The CA disagreed with the NLRCs ruling that the new guidelines for the
school year 2000-20001 could not be imposed on the petitioners and their
employment contracts.The appellate court opined that AMACC has the
inherent right to upgrade the quality of computer education it offers to the
public; part of this pursuit is the implementation of continuing evaluation and
screening of its faculty members for academic excellence. The CA noted that
the nature of education AMACC offers demands that the school constantly
adopt progressive performance standards for its faculty to ensure that they
keep pace with the rapid developments in the field of information technology.
Finally, the CA found that the petitioners were hired on a non-tenured basis
and for a fixed and predetermined term based on the Teaching Contract
exemplified by the contract between the petitioner Lachica and AMACC. The
CA ruled that the non-renewal of the petitioners teaching contracts is
sanctioned by the doctrine laid down in Brent School, Inc. v. Zamora[20] where
the Court recognized the validity of contracts providing for fixed-period
employment.
THE PETITION
1)
The CA gravely erred in reversing the LA and NLRC illegal dismissal
rulings; and
2)
The CA gravely erred in not ordering their reinstatement with full,
backwages.
The petitioners submit that the CA should not have disturbed the findings of
the LA and the NLRC that they were illegally dismissed; instead, the CA
should have accorded great respect, if not finality, to the findings of these
specialized bodies as these findings were supported by evidence on
record. Citing our ruling in Soriano v. National Labor Relations Commission,
[22]
the petitioners contend that in certiorari proceedings under Rule 65 of the
Rules of Court, the CA does not assess and weigh the sufficiency of evidence
upon which the Labor Arbiter and the NLRC based their conclusions. They
submit that the CA erred when it substituted its judgment for that of the
Labor Arbiter and the NLRC who were the triers of facts who had the
opportunity to review the evidence extensively.
On the merits, the petitioners argue that the applicable law on probationary
employment, as explained by the LA, is Article 281 of the Labor Code which
mandates a period of six (6) months as the maximum duration of the
probationary period unless there is a stipulation to the contrary; that the CA
should not have disturbed the LAs conclusion that the AMACC failed to
support its allegation that they did not qualify under the new guidelines
adopted for the school year 2000-2001; and that they were illegally
As discussed below, our review of the records and of the CA decision shows
that the CA erred in recognizing that grave abuse of discretion attended the
The CA pointed this out in its decision (as the NLRC also did), and we confirm
the correctness of this conclusion. Other than on the period, the following
quoted portion of Article 281 of the Labor Code still fully applies:
b. Fixed-period Employment
The use of employment for fixed periods during the teachers probationary
period is likewise an accepted practice in the teaching profession. We
mentioned this in passing in Magis Young Achievers Learning Center v.
Adelaida P. Manalo,[28] albeit a case that involved elementary, not tertiary,
education, and hence spoke of a school year rather than a semester or a
trimester. We noted in this case:
The common practice is for the employer and the teacher to enter
into a contract, effective for one school year. At the end of the school
year, the employer has the option not to renew the contract, particularly
considering the teachers performance. If the contract is not renewed, the
employment relationship terminates. If the contract is renewed, usually for
another school year, the probationary employment continues. Again, at the
end of that period, the parties may opt to renew or not to renew the
contract. If renewed, this second renewal of the contract for another school
year would then be the last year since it would be the third school year of
probationary employment. At the end of this third year, the employer
may now decide whether to extend a permanent appointment to the
employee, primarily on the basis of the employee having met the
reasonable standards of competence and efficiency set by the
employer.For the entire duration of this three-year period, the
teacher remains under probation. Upon the expiration of his
contract of employment, being simply on probation, he cannot
automatically claim security of tenure and compel the employer to
renew his employment contract. It is when the yearly contract is
renewed for the third time that Section 93 of the Manual becomes operative,
and the teacher then is entitled to regular or permanent employment status.
We have long settled the validity of a fixed-term contract in the case Brent
School, Inc. v. Zamora[29] that AMACC cited. Significantly, Brent happened in
a school setting. Care should be taken, however, in reading Brent in the
context of this case as Brent did not involve any probationary employment
issue; it dealt purely and simply with the validity of a fixed-term employment
under the terms of the Labor Code, then newly issued and which does not
expressly contain a provision on fixed-term employment.
c.
Last but not the least factor in the academic world, is that a school enjoys
academic freedom a guarantee that enjoys protection from the Constitution
no less. Section 5(2) Article XIV of the Constitution guarantees all institutions
of higher learning academic freedom.[30]
The institutional academic freedom includes the right of the school or college
to decide and adopt its aims and objectives, and to determine how these
objections can best be attained, free from outside coercion or interference,
save possibly when the overriding public welfare calls for some restraint. The
essential freedoms subsumed in the term academic freedom encompass the
freedom of the school or college to determine for itself: (1) who may teach;
(2) who may be taught; (3) how lessons shall be taught; and (4) who may be
admitted to study.[31]
It is the prerogative of the school to set high standards of efficiency for its
teachers since quality education is a mandate of the Constitution. As long as
the standards fixed are reasonable and not arbitrary, courts are not at liberty
to set them aside. Schools cannot be required to adopt standards which
barely satisfy criteria set for government recognition.
The same academic freedom grants the school the autonomy to decide for
itself the terms and conditions for hiring its teacher, subject of course to the
overarching limitations under the Labor Code. Academic freedom, too, is not
the only legal basis for AMACCs issuance of screening guidelines. The
authority to hire is likewise covered and protected by its management
prerogative the right of an employer to regulate all aspects of employment,
such as hiring, the freedom to prescribe work assignments, working
methods, process to be followed, regulation regarding transfer of employees,
supervision of their work, lay-off and discipline, and dismissal and recall of
workers.[34] Thus, AMACC has every right to determine for itself that it shall
use fixed-term employment contracts as its medium for hiring its teachers. It
also acted within the terms of the Manual of Regulations for Private Schools
when it recognized the petitioners to be merely on probationary status up to
a maximum of nine trimesters.
Labor, for its part, is given the protection during the probationary period of
knowing the company standards the new hires have to meet during the
probationary period, and to be judged on the basis of these standards, aside
from the usual standards applicable to employees after they achieve
permanent status. Under the terms of the Labor Code, these standards
Under the given facts where the school year is divided into trimesters, the
school apparently utilizes its fixed-term contracts as a convenient
arrangement dictated by the trimestral system and not because the
workplace parties really intended to limit the period of their relationship to
any fixed term and to finish this relationship at the end of that term. If we
pierce the veil, so to speak, of the parties so-called fixed-term employment
contracts, what undeniably comes out at the core is a fixed-term contract
conveniently used by the school to define and regulate its relations with its
teachers during their probationary period.
Given the clear constitutional and statutory intents, we cannot but conclude
that in a situation where the probationary status overlaps with a fixed-term
contract not specifically used for the fixed term it offers, Article 281 should
assume primacy and the fixed-period character of the contract must give
way. This conclusion is immeasurably strengthened by the petitioners and
the AMACCs hardly concealed expectation that the employment on probation
could lead to permanent status, and that the contracts are renewable unless
the petitioners fail to pass the schools standards.
If the school were to apply the probationary standards (as in fact it says it did
in the present case), these standards must not only be reasonable but must
have also been communicated to the teachers at the start of the
probationary period, or at the very least, at the start of the period when they
were to be applied. These terms, in addition to those expressly provided by
the Labor Code, would serve as the just cause for the termination of the
probationary contract. As explained above, the details of this finding of just
cause must be communicated to the affected teachers as a matter of due
process.
AMACC, by its submissions, admits that it did not renew the petitioners
contracts because they failed to pass the Performance Appraisal System for
Teachers (PAST) and other requirements for regularization that the school
undertakes to maintain its high academic standards. [47] The evidence is
unclear on the exact terms of the standards, although the school also admits
that these were standards under the Guidelines on the Implementation of
AMACC Faculty Plantilla put in place at the start of school year 2000-2001.
While we can grant that the standards were duly communicated to the
petitioners and could be applied beginning the 1 st trimester of the school
year 2000-2001, glaring and very basic gaps in the schools evidence still
exist. The exact terms of the standards were never introduced as evidence;
neither does the evidence show how these standards were applied to the
petitioners.[48] Without these pieces of evidence (effectively, the finding of
just cause for the non-renewal of the petitioners contracts), we have nothing
to consider and pass upon as valid or invalid for each of the
petitioners. Inevitably, the non-renewal (or effectively, the termination of
employment of employees on probationary status) lacks the supporting
finding of just cause that the law requires and, hence, is illegal.
In this light, the CA decision should be reversed. Thus, the LAs decision,
affirmed as to the results by the NLRC, should stand as the decision to be
enforced, appropriately re-computed to consider the period of appeal and
review of the case up to our level.
Given the period that has lapsed and the inevitable change of circumstances
that must have taken place in the interim in the academic world and at
AMACC, which changes inevitably affect current school operations, we hold
that - in lieu of reinstatement - the petitioners should be paid separation pay
computed on a trimestral basis from the time of separation from service up
to the end of the complete trimester preceding the finality of this Decision.
[49]
The separation pay shall be in addition to the other awards, properly
recomputed, that the LA originally decreed.
SO ORDERED.
SECOND DIVISION
NACHURA,
LEONARDO-DE CASTRO,*
ABAD, and
MENDOZA, JJ.
IRENE R. RANCHEZ,
Respondent.
Promulgated:
x------------------------------------------------------------------------------------x
DECISION
NACHURA, J.:
Before the Court is a petition for review on certiorari under Rule 45 of the
Rules of Court, assailing the Decision[1] dated August 29, 2006 and the
Resolution[2] dated May 16, 2007 of the Court of Appeals (CA) in CA-G.R. SP
No. 91631.
The Facts
Two weeks after she was hired, or on October 30, 1997, respondent reported
to her supervisor the loss of cash amounting to Twenty Thousand Two
Hundred Ninety-Nine Pesos (P20,299.00) which she had placed inside the
company locker. Petitioner Jess Manuel (petitioner Manuel), the Operations
Manager of petitioner Supermarket, ordered that respondent be stripsearched by the company guards. However, the search on her and her
personal belongings yielded nothing.[5]
Petitioner Manuel likewise requested the Quezon City Prosecutors Office for
an inquest.[6]
On November 5, 1997, an information for Qualified Theft was filed with the
Quezon City Regional Trial Court. Respondent was constrained to spend two
weeks in jail for failure to immediately post bail in the amount of Forty
Thousand Pesos (P40,000.00).[7]
On November 25, 1997, respondent filed a complaint for illegal dismissal and
damages.[8]
On August 10, 1998, the Labor Arbiter rendered a decision, [10] the fallo of
which reads:
SO ORDERED.[11]
SO ORDERED.[14]
In reversing the decision of the Labor Arbiter, the NLRC ruled that respondent
was denied due process by petitioners. Strip-searching respondent and
sending her to jail for two weeks certainly amounted to constructive
dismissal because continued employment had been rendered impossible,
unreasonable, and unlikely. The wedge that had been driven between the
parties was impossible to ignore.[15] Although respondent was only a
probationary employee, the subsequent lapse of her probationary contract of
employment did not have the effect of validly terminating her employment
because constructive dismissal had already been effected earlier by
petitioners.[16]
Petitioners filed a motion for reconsideration, which was denied by the NLRC
in a resolution[17] dated July 21, 2005.
Petitioners filed a petition for certiorari under Rule 65 of the Rules of Court
before the CA. On August 29, 2006, the CA rendered a Decision, the
dispositive portion of which reads:
SO ORDERED.[18]
On the other hand, respondent insists that she was constructively dismissed
by petitioner Supermarket when she was strip-searched, divested of her
dignity, and summarily thrown in jail. She could not have been expected to
go back to work after being allowed to post bail because her continued
The Issue
The sole issue for resolution is whether respondent was illegally terminated
from employment by petitioners.
Article 277(b) of the Labor Code mandates that subject to the constitutional
right of workers to security of tenure and their right to be protected against
dismissal, except for just and authorized cause and without prejudice to the
requirement of notice under Article 283 of the same Code, the employer shall
furnish the worker, whose employment is sought to be terminated, a written
notice containing a statement of the causes of termination, and shall afford
the latter ample opportunity to be heard and to defend himself with the
assistance of a representative if he so desires, in accordance with company
rules and regulations pursuant to the guidelines set by the Department of
Labor and Employment.
In the instant case, based on the facts on record, petitioners failed to accord
respondent substantive and procedural due process. The haphazard manner
in the investigation of the missing cash, which was left to the determination
of the police authorities and the Prosecutors Office, left respondent with no
choice but to cry foul. Administrative investigation was not conducted by
petitioner Supermarket. On the same day that the missing money was
reported by respondent to her immediate superior, the company already prejudged her guilt without proper investigation, and instantly reported her to
the police as the suspected thief, which resulted in her languishing in jail for
two weeks.
As correctly pointed out by the NLRC, the due process requirements under
the Labor Code are mandatory and may not be supplanted by police
investigation or court proceedings. The criminal aspect of the case is
considered independent of the administrative aspect. Thus, employers
should not rely solely on the findings of the Prosecutors Office. They are
mandated to conduct their own separate investigation, and to accord the
employee every opportunity to defend himself. Furthermore, respondent was
not represented by counsel when she was strip-searched inside the company
premises or during the police investigation, and in the preliminary
investigation before the Prosecutors Office.
In this case, since respondent was a probationary employee at the time she
was constructively dismissed by petitioners, she is entitled to separation pay
and backwages. Reinstatement of respondent is no longer viable considering
the circumstances.
1998. The computation should not cover the entire period from the time her
compensation was withheld up to the time of her actual reinstatement. This
is because respondent was a probationary employee, and the lapse of her
probationary employment without her appointment as a regular employee of
petitioner Supermarket effectively severed the employer-employee
relationship between the parties.
In all cases involving employees engaged on probationary basis, the
employer shall make known to its employees the standards under which they
will qualify as regular employees at the time of their engagement. Where no
standards are made known to an employee at the time, he shall be deemed
a regular employee,[26] unless the job is self-descriptive, like maid, cook,
driver, or messenger. However, the constitutional policy of providing full
protection to labor is not intended to oppress or destroy management.
[27]
Naturally, petitioner Supermarket cannot be expected to retain respondent
as a regular employee considering that she lost P20,299.00 while acting as a
cashier during the probationary period. The rules on probationary
employment should not be used to exculpate a probationary employee who
acts in a manner contrary to basic knowledge and common sense, in regard
to which, there is no need to spell out a policy or standard to be met.[28]
Republic
SUPREME
Manila
of
the
Philippines
COURT
EN BANC
G.R. No. L-48494 February 5, 1990
BRENT SCHOOL, INC., and REV. GABRIEL DIMACHE, petitioners,
vs.
RONALDO ZAMORA, the Presidential Assistant for Legal Affairs,
Office of the President, and DOROTEO R. ALEGRE, respondents.
Quasha, Asperilla, Ancheta, Pea & Nolasco for petitioners.
Mauricio G. Domogon for respondent Alegre.
NARVASA, J.:
The question presented by the proceedings at bar 1 is whether or not the
provisions of the Labor Code, 2 as amended,3 have anathematized "fixed
period employment" or employment for a term.
The root of the controversy at bar is an employment contract in virtue of
which Doroteo R. Alegre was engaged as athletic director by Brent School,
Inc. at a yearly compensation of P20,000.00. 4 The contract fixed a specific
term for its existence, five (5) years, i.e., from July 18, 1971, the date of
execution of the agreement, to July 17, 1976. Subsequent subsidiary
agreements dated March 15, 1973, August 28, 1973, and September 14,
1974 reiterated the same terms and conditions, including the expiry date, as
those contained in the original contract of July 18, 1971. 5
Some three months before the expiration of the stipulated period, or more
precisely on April 20,1976, Alegre was given a copy of the report filed by
Brent School with the Department of Labor advising of the termination of his
services effective on July 16, 1976. The stated ground for the termination
was "completion of contract, expiration of the definite period of
employment." And a month or so later, on May 26, 1976, Alegre accepted
the amount of P3,177.71, and signed a receipt therefor containing the
phrase, "in full payment of services for the period May 16, to July 17, 1976 as
full payment of contract."
However, at the investigation conducted by a Labor Conciliator of said report
of termination of his services, Alegre protested the announced termination of
his employment. He argued that although his contract did stipulate that the
same would terminate on July 17, 1976, since his services were necessary
and desirable in the usual business of his employer, and his employment had
lasted for five years, he had acquired the status of a regular employee and
could not be removed except for valid cause. 6 The Regional Director
considered Brent School's report as an application for clearance to terminate
employment (not a report of termination), and accepting the
recommendation of the Labor Conciliator, refused to give such clearance and
instead required the reinstatement of Alegre, as a "permanent employee," to
his former position without loss of seniority rights and with full back wages.
The Director pronounced "the ground relied upon by the respondent (Brent)
in terminating the services of the complainant (Alegre) . . . (as) not
sanctioned by P.D. 442," and, quite oddly, as prohibited by Circular No. 8,
series of 1969, of the Bureau of Private Schools. 7
Brent School filed a motion for reconsideration. The Regional Director denied
the motion and forwarded the case to the Secretary of Labor for review. 8 The
latter sustained the Regional Director. 9 Brent appealed to the Office of the
President. Again it was rebuffed. That Office dismissed its appeal for lack of
merit and affirmed the Labor Secretary's decision, ruling that Alegre was a
permanent employee who could not be dismissed except for just cause, and
expiration of the employment contract was not one of the just causes
provided in the Labor Code for termination of services. 10
The School is now before this Court in a last attempt at vindication. That it
will get here.
The employment contract between Brent School and Alegre was executed on
July 18, 1971, at a time when the Labor Code of the Philippines (P.D. 442)
had not yet been promulgated. Indeed, the Code did not come into effect
until November 1, 1974, some three years after the perfection of the
employment contract, and rights and obligations thereunder had arisen and
been mutually observed and enforced.
At that time, i.e., before the advent of the Labor Code, there was no doubt
whatever about the validity of term employment. It was impliedly but
nonetheless clearly recognized by the Termination Pay Law, R.A. 1052, 11 as
amended by R.A. 1787. 12 Basically, this statute provided that
In cases of employment, without a definite period, in a commercial,
industrial, or agricultural establishment or enterprise, the employer or the
employee may terminate at any time the employment with just cause; or
without just cause in the case of an employee by serving written notice on
the employer at least one month in advance, or in the case of an employer,
by serving such notice to the employee at least one month in advance or
one-half month for every year of service of the employee, whichever is
longer, a fraction of at least six months being considered as one whole year.
The employer, upon whom no such notice was served in case of termination
of employment without just cause, may hold the employee liable for
damages.
The employee, upon whom no such notice was served in case of termination
of employment without just cause, shall be entitled to compensation from
the date of termination of his employment in an amount equivalent to his
salaries or wages corresponding to the required period of notice.
There was, to repeat, clear albeit implied recognition of the licitness of term
employment. RA 1787 also enumerated what it considered to be just causes
for terminating an employment without a definite period, either by the
employer or by the employee without incurring any liability therefor.
Prior, thereto, it was the Code of Commerce which governed employment
without a fixed period, and also implicitly acknowledged the propriety of
employment with a fixed period. Its Article 302 provided that
In cases in which the contract of employment does not have a fixed period,
any of the parties may terminate it, notifying the other thereof one month in
advance.
The factor or shop clerk shall have a right, in this case, to the salary
corresponding to said month.
The salary for the month directed to be given by the said Article 302 of the
Code of Commerce to the factor or shop clerk, was known as
the mesada (from mes, Spanish for "month"). When Article 302 (together
with many other provisions of the Code of Commerce) was repealed by the
Civil Code of the Philippines, Republic Act No. 1052 was enacted avowedly
for the precise purpose of reinstating the mesada.
Now, the Civil Code of the Philippines, which was approved on June 18, 1949
and became effective on August 30,1950, itself deals with obligations with a
period in section 2, Chapter 3, Title I, Book IV; and with contracts of labor
and for a piece of work, in Sections 2 and 3, Chapter 3, Title VIII,
respectively, of Book IV. No prohibition against term-or fixed-period
employment is contained in any of its articles or is otherwise deducible
therefrom.
It is plain then that when the employment contract was signed between
Brent School and Alegre on July 18, 1971, it was perfectly legitimate for them
to include in it a stipulation fixing the duration thereof Stipulations for a term
were explicitly recognized as valid by this Court, for instance, in Biboso
v. Victorias
Milling
Co., Inc.,
promulgated
on
March
31,
13
1977, and J. Walter Thompson
Co.
(Phil.) v. NLRC,
promulgated
on
14
December 29, 1983. TheThompson case involved an executive who had
been engaged for a fixed period of three (3) years. Biboso involved teachers
in a private school as regards whom, the following pronouncement was
made:
What is decisive is that petitioners (teachers) were well aware an the time
that their tenure was for a limited duration. Upon its termination, both
parties to the employment relationship were free to renew it or to let it lapse.
(p. 254)
Under American law 15 the principle is the same. "Where a contract specifies
the period of its duration, it terminates on the expiration of such
period." 16 "A contract of employment for a definite period terminates by its
own terms at the end of such period." 17
The status of legitimacy continued to be enjoyed by fixed-period
employment contracts under the Labor Code (Presidential Decree No. 442),
which went into effect on November 1, 1974. The Code contained explicit
references
to fixed
period
employment, or
employment
with
a
fixed or definite period. Nevertheless, obscuration of the principle of licitness
of term employment began to take place at about this time
Article 320, entitled "Probationary and fixed period employment," originally
stated that the "termination of employment of probationary employees
and those employed WITH A FIXED PERIOD shall be subject to such
regulations as the Secretary of Labor may prescribe." The asserted
objective to was "prevent the circumvention of the right of the employee to
be secured in their employment as provided . . . (in the Code)."
Article 321 prescribed the just causes for which an employer could terminate
"an employment without a definite period."
And Article 319 undertook to define "employment without a fixed period" in
the following manner: 18
An employment shall be deemed to be without a definite period for purposes
of this Chapter where the employee has been engaged to perform activities
which are usually necessary or desirable in the usual business or trade of the
employer, except where the employment has been fixed for a specific project
or undertaking the completion or termination of which has been determined
at the time of the engagement of the employee or where the work or service
to be performed is seasonal in nature and the employment is for the duration
of the season.
oral agreements "to the contrary," and (c) making the provision treat
exclusively of "regular" and "casual" employment. As revised, said article,
renumbered 270, 23 now reads:
. . . Regular and Casual Employment.The provisions of written agreement
to the contrary notwithstanding and regardless of the oral agreement of the
parties, an employment shall be deemed to be regular where the employee
has been engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer except where the
employment has been fixed for a specific project or undertaking the
completion or termination of which has been determined at the time of the
engagement of the employee or where the work or service to be employed is
seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to he casual if it is not covered by the
preceding paragraph:provided, that, any employee who has rendered at
least one year of service, whether such service is continuous or broken, shall
be considered a regular employee with respect to the activity in which he is
employed and his employment shall continue while such actually exists.
The first paragraph is identical to Article 319 except that, as just mentioned,
a clause has been added, to wit: "The provisions of written agreement to the
contrary notwithstanding and regardless of the oral agreements of the
parties . . ." The clause would appear to be addressed inter alia to
agreements fixing a definite period for employment. There is withal no clear
indication of the intent to deny validity to employment for a definite period.
Indeed, not only is the concept of regular employment not essentially
inconsistent with employment for a fixed term, as above pointed out, Article
272 of the Labor Code, as amended by said PD 850, still impliedly
acknowledged the propriety of term employment: it listed the "just causes"
for which "an employer may terminate employment without a definite
period," thus giving rise to the inference that if the employment be with a
definite period, there need be no just cause for termination thereof if the
ground be precisely the expiration of the term agreed upon by the parties for
the duration of such employment.
Still later, however, said Article 272 (formerly Article 321) was further
amended by Batas Pambansa Bilang 130, 24to eliminate altogether reference
to employment without a definite period. As lastly amended, the opening
lines of the article (renumbered 283), now pertinently read: "An employer
may terminate an employment for any of the following just causes: . . . " BP
130 thus completed the elimination of every reference in the Labor Code,
express or implied, to employment with a fixed or definite period or term.
It is in the light of the foregoing description of the development of the
provisions of the Labor Code bearing on term or fixed-period employment
that the question posed in the opening paragraph of this opinion should now
be addressed. Is it then the legislative intention to outlaw stipulations in
employment contracts laying down a definite period therefor? Are such
stipulations in essence contrary to public policy and should not on this
account be accorded legitimacy?
On the one hand, there is the gradual and progressive elimination of
references to term or fixed-period employment in the Labor Code, and the
specific statement of the rule 25 that
. . . Regular and Casual Employment. The provisions of written agreement
to the contrary notwithstanding and regardless of the oral agreement of the
parties, an employment shall be deemed to be regular where the employee
has been engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer except where the
employment has been fixed for a specific project or undertaking the
completion or termination of which has been determined at the time of the
engagement of the employee or where the work or service to be employed is
seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the
preceding paragraph:provided, that, any employee who has rendered at
least one year of service, whether such service is continuous or broken, shall
be considered a regular employee with respect to the activity in which he is
employed and his employment shall continue while such actually exists.
There is, on the other hand, the Civil Code, which has always recognized, and
continues to recognize, the validity and propriety of contracts and obligations
with a fixed or definite period, and imposes no restraints on the freedom of
the parties to fix the duration of a contract, whatever its object, be it specie,
goods or services, except the general admonition against stipulations
contrary to law, morals, good customs, public order or public policy. 26Under
the Civil Code, therefore, and as a general proposition, fixed-term
employment contracts are not limited, as they are under the present Labor
Code, to those by nature seasonal or for specific projects with predetermined dates of completion; they also include those to which the parties
by free choice have assigned a specific date of termination.
Some familiar examples may be cited of employment contracts which may
be neither for seasonal work nor for specific projects, but to which a fixed
term is an essential and natural appurtenance: overseas employment
contracts, for one, to which, whatever the nature of the engagement, the
concept of regular employment will all that it implies does not appear ever to
have been applied, Article 280 of the Labor Code not withstanding; also
appointments to the positions of dean, assistant dean, college secretary,
principal, and other administrative offices in educational institutions, which
are by practice or tradition rotated among the faculty members, and where
fixed terms are a necessity, without which no reasonable rotation would be
possible. Similarly, despite the provisions of Article 280, Policy, Instructions
No. 8 of the Minister of Labor 27 implicitly recognize that certain company
officials may be elected for what would amount to fixed periods, at the
expiration of which they would have to stand down, in providing that these
officials," . . . may lose their jobs as president, executive vice-president or
vice-president, etc. because the stockholders or the board of directors for
one reason or another did not re-elect them."
There can of course be no quarrel with the proposition that where from the
circumstances it is apparent that periods have been imposed to preclude
acquisition of tenurial security by the employee, they should be struck down
or disregarded as contrary to public policy, morals, etc. But where no such
intent to circumvent the law is shown, or stated otherwise, where the reason
for the law does not exist, e.g., where it is indeed the employee himself who
insists upon a period or where the nature of the engagement is such that,
without being seasonal or for a specific project, a definite date of termination
is a sine qua non, would an agreement fixing a period be essentially evil or
illicit, therefore anathema? Would such an agreement come within the scope
of Article 280 which admittedly was enacted "to prevent the circumvention of
the right of the employee to be secured in . . . (his) employment?"
As it is evident from even only the three examples already given that Article
280 of the Labor Code, under a narrow and literal interpretation, not only
fails to exhaust the gamut of employment contracts to which the lack of a
fixed period would be an anomaly, but would also appear to restrict, without
THIRD DIVISION
PARAAQUE, and/or
AMABLE C. AGUILUZ IX,
President, MRS. CELESTE BANSALE,Present:
School Director, MS. SOCORRO,
MR. PATRICK AZANZA,
GRACE BERANIA and MAJAL JACOB,
Petitioners,
YNARES-SANTIAGO, J.,
Chairperson,
AUSTRIA-MARTINEZ,
CHICO-NAZARIO,
NACHURA, and
- versus -
REYES, JJ.
ROLANDO A. AUSTRIA,
Respondent.
Promulgated:
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
DECISION
NACHURA, J.:
Before this Court is a Petition for Review on Certiorari[1] under Rule 45 of the
Rules of Civil Procedure seeking the reversal of the Court of Appeals (CA)
Decision[2] datedMarch 29, 2004 which affirmed with modification the
Decision[3] of the National Labor Relations Commission (NLRC), dated March
31, 2003.
The Facts
In the event that Mr. Austria gives up the Dean position or fails to meet the
standards of the (sic) based on the evaluation of his immediate superior, he
shall be considered for a faculty position and the appointee agrees that he
shall lose the transportation allowance he enjoys as Dean and be entitled to
his faculty rate.
Please be informed that after a careful deliberation on the case filed against
you and upon serious consideration of the evidences (sic) presented, the
Management has found you guilty of violating the following policies:
You are hereby instructed to report to the branch HR Personnel for further
instructions. Please bear in mind that as a company policy you are required
to accomplish your clearance and turn over all documents and
responsibilities to the appropriate officers.
You are barred from entering the company premises unless with clearance
from the HRD.[10]
On October 27, 2000, respondent filed a Complaint [11] for Illegal Dismissal,
Illegal Suspension, Non-Payment of Salary and 13 th Month Pay with prayer for
Damages and Attorney's Fees against AMA and the rest of the petitioners.
Trial on the merits ensued.
In his Decision[12] dated December 6, 2000, the Labor Arbiter held that
petitioners accorded respondent due process. The Labor Arbiter however,
also held that respondent substantially refuted the charges of gross
inefficiency, incompetence, and leaking of test questions filed against him.
But since respondent can no longer be reinstated beyond September 17,
2000 as his designation as college dean was only until such date, respondent
should instead be paid his compensation and transportation allowance for
the period from September 8, 2000 to September 17, 2000, or the salary and
benefits withheld prior thereto. Thus:
SO ORDERED.
Aggrieved, respondent appealed the said Decision to the NLRC.[13]
On March 31, 2003, the NLRC, in its Decision, [14] found merit in respondent's
appeal.
The
NLRC
opined
that
the
petitioners
did
not
contravene respondent's allegation that hehad attained regular status after
PREMISES
CONSIDERED the
Decision
of December
6,
2000 is VACATED and a new one entered declaring complainant illegally
dismissed. Respondents are directed to pay complainant separation pay
computed at one (1) month per year of service in addition to full backwages
from September 29, 2000 until December 6, 2000, or in the amount of one
hundred thousand three hundred seventy eight-pesos & 80/100
(P100,378.80).
SO ORDERED.[16]
Thus, petitioners went to the CA via Petition for Certiorari[21] under Rule 65 of
the 1997 Rules of Civil Procedure.
On March 29, 2004, the CA held that based on the Handbook and on
respondent's appointment, it can be inferred that respondent was a regular
employee, and as such, his employment can only be terminated for any of
the causes provided under Article 282[22] of the Labor Code and after
observance of the requirements of due process.Furthermore, the CA upheld
the Labor Arbiters and the NLRCs similar findings that respondent sufficiently
rebutted the charges against him and that petitioners failed to prove the
grounds for respondent's dismissal. The dispositive portion of the said
Decision reads:
SO ORDERED.
Petitioners filed a Motion for Reconsideration [23] of the said Decision, which
the CA denied, in its Resolution[24] dated June 11, 2004, for lack of merit.
Hence, this Petition based on the sole ground that the CA committed serious
error of law in affirming and then further modifying the erroneous decision of
the NLRC declaring that herein respondent was illegally dismissed by AMA.[25]
On the other hand, respondent counters that both the NLRC and the CA
found that respondent was a regular employee and that he was illegally
dismissed; that the instant Petition raises questions of fact - such as whether
or not respondent is a regular employee and whether or not circumstances
existed warranting his dismissal - which can no longer beinquired into by
this Court;[29] that petitioners assailed the regular status of the respondent
for the first time only before the CA; that they never raised as issue
respondent's regular status before the Labor Arbiter and the NLRC because
they merely concentrated on their stand that respondent was lawfully
dismissed; that petitioners failed to discharge the burden of proving the
As an exception to the general rule, we held in Molina v. Pacific Plans, Inc.: [33]
A disharmony between the factual findings of the Labor Arbiter and the
National Labor Relations Commission opens the door to a review thereof by
this Court. Factual findings of administrative agencies are not infallible and
will be set aside when they fail the test of arbitrariness. Moreover, when the
findings of the National Labor Relations Commission contradict those of the
Labor Arbiter, this Court, in the exercise of its equity jurisdiction, may look
into the records of the case and reexamine the questioned findings.
The instant case falls squarely within the aforesaid exception. The Labor
Arbiter held that, while petitioners did not prove the existence of just causes
in order to warrant respondent's dismissal, the latter's employment as dean
ceased to exist upon expiration of respondent's term of employment
on September 17, 2000. In sum, the Labor Arbiter held that the nature of
respondent's employment is one for a fixed term. On the other hand, the
NLRC and the CA both held that respondent is a regular employee because
respondent had fully served the three (3)-month probationary period
required in the Handbook, which the petitioners failed to deny or contravene
in the proceedings before the Labor Arbiter.
Prior to his dismissal, respondent held the position of college dean. The letter
of appointment states that he was officially confirmed as Dean of AMA
College, Paraaque,effective from April 17, 2000 to September 17, 2000.
Petitioners submit that the nature of respondent's employment as dean is
one with a fixed term.
We agree.
We held that Article 280 of the Labor Code does not proscribe or prohibit an
employment contract with a fixed period. Even if the duties of the employee
consist
of
activities
necessary
or
desirable
in
the
usual
business of the employer, the parties are free to agree on a fixed period
of time for the performance of such activities. There is nothing essentially
The instant case involves respondent's position as dean, and comes within
the purview of the Brent School doctrine.
Second. The fact that respondent did not sign the letter of appointment is of
no moment. We held in Brent School, to wit:
The fact that respondent voluntarily accepted the employment, assumed the
position, and performed the functions of dean is clear indication that he
knowingly and voluntarily consented to the terms and conditions of the
appointment, including the fixed period of his deanship. Other than the
handwritten notes made in the letter of appointment, no evidence was ever
presented to show that respondents consent was vitiated, or that respondent
objected to the said appointment or to any of its conditions. Furthermore, in
his status as dean, there can be no valid inference that he was shackled by
any form of moral dominance exercised by AMA and the rest of the
petitioners.
Alternatively, petitioners also claim that respondent did not attain regular
status, relying on Section 92 of the Manual in connection with Section 4(m)
4(c) thereof which provides for a three (3)-year probationary period for
Academic Personnel. Petitioners submit that the position of dean is included
in the provision school officials responsible for academic matters, and may
include other school officials. As such, petitioners aver that the three (3)month probationary period for officers set forth in the Handbook is not
applicable to the case of respondent.
The Handbook merely provides for two classes of employees for purposes of
permanency, i.e., Faculty and Non-Academic. However, the same does not
specifically classify the position of dean as part of the Faculty or of the NonAcademic personnel. At this juncture, we find solace in the Manual of
Regulations for Private Schools Annotated, [38] which provides that the college
dean is the senior officer responsible for the operation of an academic
program, the enforcement of rules and regulations, and the supervision of
faculty and student services. We already had occasion to state that the
position of dean is primarily academic[39] and, as such, he is considered a
managerial employee.[40] Yet, a perusal of the Handbook yields the
interpretation that the provision on the permanency of Faculty members
applies to teachers only. But the Handbook or school manual must yield to
the decree of the Manual, the latter having the character of law.[41] The
specified probationary periods in Section 92 of the Manual are the maximum
periods; under certain conditions, regular status may be achieved by the
employee in less time.[42] However, under the given circumstances and the
fact that the position of dean in this case is for a fixed term, the issue
whether the respondent attained a regular status is not in point. By the same
token, the application of the provision in the Manual as to the required
probationary period is misplaced. It can be well said that a tenured status of
employment co-exists and is co-terminous only with the definite term fixed in
the contract of employment.
Thus, the unanimous finding of the Labor Arbiter, the NLRC and the CA that
respondent adequately refuted all the charges against him assumes
relevance only insofar as respondents dismissal from the service was
effected by petitioners before expiration of the fixed period of employment.
True, petitioners erred in dismissing the respondent, acting on the mistaken
belief that respondent was liable for the charges leveled against him. But
respondent also cannot claim entitlement to any benefit flowing from such
employment after September 17, 2000, because the employment, which is
the source of the benefits, had, by then, already ceased to exist.
Finally, while this Court adheres to the principle of social justice and
protection to labor, the constitutional policy to provide such protection to
labor is not meant to be an instrument to oppress employers. The
commitment under the fundamental law is that the cause of labor does not
prevent us from sustaining the employer when the law is clearly on its side.
[45]
WHEREFORE, the instant Petition is GRANTED and the CA Decision in CAG.R. SP No. 78455 is REVERSED and SET ASIDE. The Decision of the Labor
Arbiter, datedDecember 6, 2000, is hereby REINSTATED. No costs.
SO ORDERED.
Republic
SUPREME
Manila
of
the
Philippines
COURT
THIRD DIVISION
G.R. No. 61594 September 28, 1990
PAKISTAN
INTERNATIONAL
AIRLINES
CORPORATION, petitioner,
vs
HON. BLAS F. OPLE, in his capacity as Minister of Labor; HON.
VICENTE LEOGARDO, JR., in his capacity as Deputy Minister;
ETHELYNNE
B.
FARRALES
and
MARIA
MOONYEEN
MAMASIG, respondents.
FELICIANO, J.:
On 2 December 1978, petitioner Pakistan International Airlines Corporation
("PIA"), a foreign corporation licensed to do business in the Philippines,
executed in Manila two (2) separate contracts of employment, one with
private respondent Ethelynne B. Farrales and the other with private
respondent Ma. M.C. Mamasig. 1 The contracts, which became effective on 9
January 1979, provided in pertinent portion as follows:
5. DURATION OF EMPLOYMENT AND PENALTY
This agreement is for a period of three (3) years, but can be extended by the
mutual consent of the parties.
xxx xxx xxx
6. TERMINATION
xxx xxx xxx
Notwithstanding anything to contrary as herein provided, PIA reserves the
right to terminate this agreement at any time by giving the EMPLOYEE notice
in writing in advance one month before the intended termination or in lieu
thereof, by paying the EMPLOYEE wages equivalent to one month's salary.
xxx xxx xxx
10. APPLICABLE LAW:
This agreement shall be construed and governed under and by the laws of
Pakistan, and only the Courts of Karachi, Pakistan shall have the jurisdiction
to consider any matter arising out of or under this agreement.
Respondents then commenced training in Pakistan. After their training
period, they began discharging their job functions as flight attendants, with
base station in Manila and flying assignments to different parts of the Middle
East and Europe.
On 2 August 1980, roughly one (1) year and four (4) months prior to the
expiration of the contracts of employment, PIA through Mr. Oscar Benares,
counsel for and official of the local branch of PIA, sent separate letters both
dated 1 August 1980 to private respondents Farrales and Mamasig advising
both that their services as flight stewardesses would be terminated "effective
1 September 1980, conformably to clause 6 (b) of the employment
agreement [they had) executed with [PIA]." 2
On 9 September 1980, private respondents Farrales and Mamasig jointly
instituted a complaint, docketed as NCR-STF-95151-80, for illegal dismissal
and non-payment of company benefits and bonuses, against PIA with the
then Ministry of Labor and Employment ("MOLE"). After several unfruitful
attempts at conciliation, the MOLE hearing officer Atty. Jose M. Pascual
ordered the parties to submit their position papers and evidence supporting
their respective positions. The PIA submitted its position paper, 3 but no
evidence, and there claimed that both private respondents were habitual
absentees; that both were in the habit of bringing in from abroad sizeable
quantities of "personal effects"; and that PIA personnel at the Manila
International Airport had been discreetly warned by customs officials to
advise private respondents to discontinue that practice. PIA further claimed
therefore, the Regional Director must have been given jurisdiction over such
termination cases:
Sec. 2. Shutdown or dismissal without clearance. Any shutdown or
dismissal without prior clearance shall be conclusively presumed to be
termination of employment without a just cause. The Regional Director shall,
in such case order the immediate reinstatement of the employee and the
payment of his wages from the time of the shutdown or dismissal until the
time of reinstatement. (emphasis supplied)
Policy Instruction No. 14 issued by the Secretary of Labor, dated 23 April
1976, was similarly very explicit about the jurisdiction of the Regional
Director over termination of employment cases:
Under PD 850, termination cases with or without CBA are now placed
under the original jurisdiction of the Regional Director. Preventive suspension
cases, now made cognizable for the first time, are also placed under the
Regional Director. Before PD 850, termination cases where there was a CBA
were under the jurisdiction of the grievance machinery and voluntary
arbitration, while termination cases where there was no CBA were under the
jurisdiction of the Conciliation Section.
In more details, the major innovations introduced by PD 850 and its
implementing rules and regulations with respect to termination and
preventive suspension cases are:
1. The Regional Director is now required to rule on every application for
clearance, whether there is opposition or not, within ten days from receipt
thereof.
xxx xxx xxx
(Emphasis supplied)
2. The second contention of petitioner PIA is that, even if the Regional
Director had jurisdiction, still his order was null and void because it had been
issued in violation of petitioner's right to procedural due process . 6 This
claim, however, cannot be given serious consideration. Petitioner was
ordered by the Regional Director to submit not only its position paper but
also such evidence in its favor as it might have. Petitioner opted to rely solely
upon its position paper; we must assume it had no evidence to sustain its
assertions. Thus, even if no formal or oral hearing was conducted, petitioner
had ample opportunity to explain its side. Moreover, petitioner PIA was able
to appeal his case to the Ministry of Labor and Employment. 7
There is another reason why petitioner's claim of denial of due process must
be rejected. At the time the complaint was filed by private respondents on 21
September 1980 and at the time the Regional Director issued his questioned
order on 22 January 1981, applicable regulation, as noted above, specified
that a "dismissal without prior clearance shall be conclusively presumed to
be termination of employment without a cause", and the Regional Director
was required in such case to" order the immediate reinstatement of the
employee and the payment of his wages from the time of the shutdown or
dismiss until . . . reinstatement." In other words, under the then applicable
rule, the Regional Director did not even have to require submission of
position papers by the parties in view of the conclusive (juris et de jure)
character of the presumption created by such applicable law and regulation.
In Cebu Institute of Technology v. Minister of Labor and Employment, 8 the
Court pointed out that "under Rule 14, Section 2, of the Implementing Rules
and Regulations, the termination of [an employee] which was without
previous clearance from the Ministry of Labor is conclusively presumed to be
employed and his employment shall continue while such actually exists.
(Emphasis supplied)
In Brent School, Inc., et al. v. Ronaldo Zamora, etc., et al., 12 the Court had
occasion to examine in detail the question of whether employment for a
fixed term has been outlawed under the above quoted provisions of the
Labor Code. After an extensive examination of the history and development
of Articles 280 and 281, the Court reached the conclusion that a contract
providing for employment with a fixed period was not necessarily unlawful:
There can of course be no quarrel with the proposition that where from the
circumstances it is apparent that periods have been imposed to preclude
acquisition of tenurial security by the employee, they should be struck down
or disregarded as contrary to public policy, morals, etc. But where no such
intent to circumvent the law is shown, or stated otherwise, where the reason
for the law does not exist e.g. where it is indeed the employee himself who
insists upon a period or where the nature of the engagement is such that,
without being seasonal or for a specific project, a definite date of termination
is a sine qua non would an agreement fixing a period be essentially evil or
illicit, therefore anathema Would such an agreement come within the scope
of Article 280 which admittedly was enacted "to prevent the circumvention of
the right of the employee to be secured in . . . (his) employment?"
As it is evident from even only the three examples already given that Article
280 of the Labor Code, under a narrow and literal interpretation, not only
fails to exhaust the gamut of employment contracts to which the lack of a
fixed period would be an anomaly, but would also appear to restrict, without
reasonable distinctions, the right of an employee to freely stipulate with his
employer the duration of his engagement, it logically follows that such a
literal interpretation should be eschewed or avoided. The law must be given
reasonable interpretation, to preclude absurdity in its application. Outlawing
the whole concept of term employment and subverting to boot the principle
of freedom of contract to remedy the evil of employers" using it as a means
to prevent their employees from obtaining security of tenure is like cutting
off the nose to spite the face or, more relevantly, curing a headache by
lopping off the head.
xxx xxx xxx
Accordingly, and since the entire purpose behind the development of
legislation culminating in the present Article 280 of the Labor Code clearly
appears to have been, as already observed, to prevent circumvention of the
employee's right to be secure in his tenure, the clause in said article
indiscriminately and completely ruling out all written or oral agreements
conflicting with the concept of regular employment as defined therein should
be construed to refer to the substantive evil that the Code itself has singled
out: agreements entered into precisely to circumvent security of tenure. It
should have no application to instances where a fixed period of employment
was agreed upon knowingly and voluntarily by the parties, without any force,
duress or improper pressure being brought to bear upon the employee and
absent any other circumstances vitiating his consent, or where it
satisfactorily appears that the employer and employee dealt with each other
on more or less equal terms with no moral dominance whatever being
exercised by the former over the latter. Unless thus limited in its purview, the
law would be made to apply to purposes other than those explicitly stated by
its framers; it thus becomes pointless and arbitrary, unjust in its effects and
apt to lead to absurd and unintended consequences. (emphasis supplied)
It is apparent from Brent School that the critical consideration is the
presence or absence of a substantial indication that the period specified in
committed any grave abuse of discretion nor any act without or in excess of
jurisdiction in ordering their reinstatement with backwages. Private
respondents are entitled to three (3) years backwages without qualification
or deduction. Should their reinstatement to their former or other
substantially equivalent positions not be feasible in view of the length of time
which has gone by since their services were unlawfully terminated, petitioner
should be required to pay separation pay to private respondents amounting
to one (1) month's salary for every year of service rendered by them,
including the three (3) years service putatively rendered.
ACCORDINGLY, the Petition for certiorari is hereby DISMISSED for lack of
merit, and the Order dated 12 August 1982 of public respondent is hereby
AFFIRMED, except that (1) private respondents are entitled to three (3) years
backwages, without deduction or qualification; and (2) should reinstatement
of private respondents to their former positions or to substantially equivalent
positions not be feasible, then petitioner shall, in lieu thereof, pay to private
respondents separation pay amounting to one (1)-month's salary for every
year of service actually rendered by them and for the three (3) years
putative service by private respondents. The Temporary Restraining Order
issued on 13 September 1982 is hereby LIFTED. Costs against petitioner.
SO ORDERED.
FIRST DIVISION
[G.R. No. 122653. December 12, 1997]
PURE
FOODS
CORPORATON, petitioner, vs.
NATIONAL
LABOR
RELATIONS COMMISSION, RODOLFO CORDOVA, VIOLETA CRUSIS, ET
AL.,*respondents.
DECISION
DAVIDE, JR., J.:
The crux of this petition for certiorari is the issue of whether employees hired
for a definite period and whose services are necessary and desirable in the
usual business or trade of the employer are regular employees.
The private respondents (numbering 906) were hired by petitioner Pure
Foods Corporation to work for a fixed period of five months at its tuna
cannery plant in Tambler, General Santos City. After the expiration of their
respective contracts of employment in June and July 1991, their services
were terminated. They forthwith executed a Release and Quitclaim stating
that they had no claim whatsoever against the petitioner.
On 29 July 1991, the private respondents filed before the National Labor
Relations Commission (NLRC) Sub-Regional Arbitration Branch No. XI,
General Santos City, a complaint for illegal dismissal against the petitioner
and its plant manager, Marciano Aganon. [1] This case was docketed as RAB11-08-50284-91.
On 23 December 1992, Labor Arbiter Arturo P. Aponesto handed down a
decision [2] dismissing the complaint on the ground that the private
WHEREFORE, for lack of merit, the instant petition is DISMISSED and the
challenged decision of 30 January 1995 of the National Labor Relations
Commission in NLRC CA No. M-001323-93 is hereby AFFIRMED subject to the
above modification on the computation of the separation pay and back
wages.
SO ORDERED.
Republic
SUPREME
Manila
of
the
Philippines
COURT
EN BANC
KAPUNAN, J.:
Taking advantage of this Court's decisions involving the removal of various
civil servants pursuant to the general reorganization of the government after
the EDSA Revolution, petitioner assails his dismissal as Medical Specialist I of
the National Center for Mental Health (formerly the National Mental Hospital)
as illegal and violative of the constitutional provision on security of tenure
allegedly because his removal was made pursuant to an invalid
reorganization.
In Mendoza vs. Quisumbing 1 and the consolidated cases involving the
reorganization of various government departments and agencies we held:
We are constrained to set aside the reorganizations embodied in these
consolidated petitions because the heads of departments and agencies
concerned have chosen to rely on their own concepts of unlimited discretion
and "progressive" ideas on reorganization instead of showing that they have
faithfully complied with the clear letter and spirit of the two Constitutions
and the statutes affecting reorganization. 2
In De Guzman vs. CSC 3, we upheld the principle, laid down by Justice J.B.L.
Reyes in Cruz vs. Primicias 4 that a valid abolition of an office neither results
in a separation or removal, likewise upholding the corollary principle that "if
the abolition is void, the incumbent is deemed never to have ceased to hold
office," in sustaining therein petitioner's right to the position she held prior to
the reorganization.
The instant petition on its face turns on similar facts and issues, which is,
that petitioner's removal from a permanent position in the National Center
for Mental Health as a result of the reorganization of the Department of
Health was void.
However, a closer look at the facts surrounding the instant petition leads us
to a different conclusion.
After passing the Physician's Licensure Examinations given by the
Professional Regulation Commission in June of 1979, petitioner, Dr. Alfredo B.
Felix, joined the National Center for Mental Health (then the National Mental
Hospital) on May 26, 1980 as a Resident Physician with an annual salary of
P15,264.00. 5 In August of 1983, he was promoted to the position of Senior
Resident Physician 6 a position he held until the Ministry of Health
reorganized the National Center for Mental Health (NCMH) in January of
1988, pursuant to Executive Order No. 119.
Under the reorganization, petitioner was appointed to the position of Senior
Resident Physician in a temporary capacity immediately after he and other
employees of the NCMH allegedly tendered their courtesy resignations to the
Secretary of Health. 7 In August of 1988, petitioner was promoted to the
position of Medical Specialist I (Temporary Status), which position was
renewed the following year. 8
In 1988, the Department of Health issued Department Order No. 347 which
required board certification as a prerequisite for renewal of specialist
positions in various medical centers, hospitals and agencies of the said
department. Specifically, Department Order No. 347 provided that specialists
working in various hospitals and branches of the Department of Health be
recognized as "Fellows" of their respective specialty societies and/or
"Diplomates" of their specialty boards or both. The Order was issued for the
purpose of upgrading the quality of specialties in DOH hospitals by requiring
them to pass rigorous theoretical and clinical (bedside) examinations given
by recognized specialty boards, in keeping up with international standards of
medical practice.
Upon representation of the Chiefs of Hospitals of various government
hospitals and medical centers, (then) Secretary of Health Alfredo Bengzon
issued Department Order No. 347 providing for an extension of appointments
of Medical Specialist positions in cases where the termination of medical
specialist who failed to meet the requirement for board certification might
result in the disruption of hospital services. Department Order No. 478 issued
the following guidelines:
1. As a general policy, the provision of Department Order No. 347, Sec. 4
shall apply unless the Chief of Hospital requests for exemption, certifies that
its application will result in the disruption of the delivery service together
with the steps taken to implement Section 4, and submit a plan of action,
lasting no more than 3-years, for the eventual phase out of non-Board
certified medical specialties.
2. Medical specialist recommended for extension of appointment shall meet
the following minimum criteria:
a. DOH medical specialist certified
b. Has been in the service of the Department at least three (3) years prior to
December 1988.
c. Has applied or taken the specialty board examination.
3. Each recommendation for extension of appointment must be individually
justified to show not only the qualification of the recommendee, but also
what steps he has taken to be board certified.
4. Recommendation for extension of appointment shall be evaluated on a
case to case basis.
respondent Civil Service Commission has correctly pointed out 23, the
appointment was for a definite and renewable period which, when it was not
renewed, did not involve a dismissal but an expiration of the petitioner's
term.
ACCORDINGLY, the petition is hereby DISMISSED, for lack of merit.
SECOND DIVISION
[G.R. No. 141717. April 14, 2004]
PHILIPS SEMICONDUCTORS (PHILS.), INC., petitioner, vs. ELOISA
FADRIQUELA, respondent.
DECISION
CALLEJO, SR., J.:
Before us is a petition for review of the Decision [1] of the Court of Appeals
(CA) in CA-G.R. SP No. 52149 and its Resolution dated January 26,
2000 denying the motion for reconsideration therefrom.
The Case for the Petitioner
The petitioner Philips Semiconductors (Phils.), Inc. is a domestic corporation
engaged in the production and assembly of semiconductors such as power
devices, RF modules, CATV modules, RF and metal transistors and glass
diods. It caters to domestic and foreign corporations that manufacture
computers, telecommunications equipment and cars.
Aside from contractual employees, the petitioner employed 1,029 regular
workers. The employees were subjected to periodic performance appraisal
based on output, quality, attendance and work attitude.[2] One was required
to obtain a performance rating of at least 3.0 for the period covered by the
performance appraisal to maintain good standing as an employee.
On May 8, 1992, respondent Eloisa Fadriquela executed a Contract of
Employment with the petitioner in which she was hired as a production
operator with a daily salary of P118. Her initial contract was for a period of
three months up to August 8, 1992,[3] but was extended for two months when
she garnered a performance rating of 3.15. [4] Her contract was again
renewed for two months or up to December 16, 1992,[5] when she received a
performance rating of 3.8.[6] After the expiration of her third contract, it was
extended anew, for three months,[7]that is, from January 4, 1993 to April 4,
1993.
After garnering a performance rating of 3.4, [8] the respondents contract was
extended for another three months, that is, from April 5, 1993 to June 4,
1993.[9] She, however, incurred five absences in the month of April, three
absences in the month of May and four absences in the month of June.
[10]
Line supervisor Shirley F. Velayo asked the respondent why she incurred
the said absences, but the latter failed to explain her side. The respondent
was warned that if she offered no valid justification for her absences, Velayo
would have no other recourse but to recommend the non-renewal of her
contract. The respondent still failed to respond, as a consequence of which
her performance rating declined to 2.8. Velayo recommended to the
petitioner that the respondents employment be terminated due to habitual
absenteeism,[11] in accordance with the Company Rules and Regulations.
[12]
Thus, the respondents contract of employment was no longer renewed.
The Complaint of the Respondent
The respondent filed a complaint before the National Capital Region
Arbitration Branch of the National Labor Relations Commission (NLRC) for
illegal dismissal against the petitioner, docketed as NLRC Case No. NCR-0704263-93. She alleged, inter alia, that she was illegally dismissed, as there
was no valid cause for the termination of her employment. She was not
notified of any infractions she allegedly committed; neither was she
said
The petitioner filed the instant petition and raised the following issues for the
courts resolution: (a) whether or not the respondent was still a contractual
employee of the petitioner as of June 4, 1993; (b) whether or not the
petitioner dismissed the respondent from her employment; (c) if so, whether
or not she was accorded the requisite notice and investigation prior to her
dismissal; and, (d) whether or not the respondent is entitled to reinstatement
and full payment of backwages as well as attorneys fees.
On the first issue, the petitioner contends that the policy of hiring workers for
a specific and limited period on an as needed basis, as adopted by the
petitioner, is not new; neither is it prohibited. In fact, according to the
petitioner, the hiring of workers for a specific and limited period is a valid
exercise of management prerogative. It does not necessarily follow that
where the duties of the employee consist of activities usually necessary or
desirable in the usual course of business of the employer, the parties are
forbidden from agreeing on a period of time for the performance of such
activities. Hence, there is nothing essentially contradictory between a
definite period of employment and the nature of the employees duties.
According to the petitioner, it had to resort to hiring contractual employees
for definite periods because it is a semiconductor company and its business
is cyclical in nature. Its operation, production rate and manpower
requirements are dictated by the volume of business from its clients and the
availability of the basic materials. It produces the products upon order of its
clients and does not allow such products to be stockpiled. Peak loads due to
cyclical demands increase the need for additional manpower for short
duration. Thus, the petitioner often experiences short-term surges in labor
requirements. The hiring of workers for a definite period to supplement the
regular work force during the unpredictable peak loads was the most
efficient, just and practical solution to the petitioners operating needs.
The petitioner contends that the CA misapplied the law when it insisted that
the respondent should be deemed a regular employee for having been
employed for more than one year.The CA ignored the exception to this rule,
that the parties to an employment contract may agree otherwise, particularly
when the same is established by company policy or required by the nature of
work to be performed. The employer has the prerogative to set reasonable
standards to qualify for regular employment, as well as to set a reasonable
period within which to determine such fitness for the job.
According to the petitioner, the conclusion of the CA that the policy adopted
by it was intended to circumvent the respondents security of tenure is
without basis. The petitioner merely exercised a right granted to it by law
and, in the absence of any evidence of a wrongful act or omission, no
wrongful intent may be attributed to it. Neither may the petitioner be
penalized for agreeing to consider workers who have rendered more than
seventeen months of service as regular employees, notwithstanding the fact
that by the nature of its business, the petitioner may enter into specific
limited contracts only for the duration of its clients peak demands. After all,
the petitioner asserts, the union recognized the need to establish such
training and probationary period for at least six months for a worker to
qualify as a regular employee. Thus, under their CBA, the petitioner and the
union agreed that contractual workers be hired as ofDecember 31, 1992.
The petitioner stresses that the operation of its business as a semiconductor
company requires the use of highly technical equipment which, in turn, calls
for certain special skills for their use. Consequently, the petitioner, in the
exercise of its best technical and business judgment, has set a standard of
performance for workers as well as the level of skill, efficiency, competence
brought to bear upon the employee and absent any other circumstances
vitiating his consent; or
2) It satisfactorily appears that the employer and the employee dealt with
each other on more or less equal terms with no moral dominance exercised
by the former or the latter.[30]
None of these criteria has been met in this case. Indeed, in Pure Foods
Corporation v. NLRC,[31] we sustained the private respondents averments
therein, thus:
[I]t could not be supposed that private respondents and all other so-called
casual workers of [the petitioner] KNOWINGLY and VOLUNTARILY agreed to
the 5-month employment contract. Cannery workers are never on equal
terms with their employers. Almost always, they agree to any terms of an
employment contract just to get employed considering that it is difficult to
find work given their ordinary qualifications. Their freedom to contract is
empty and hollow because theirs is the freedom to starve if they refuse to
work as casual or contractual workers. Indeed, to the unemployed, security
of tenure has no value. It could not then be said that petitioner and private
respondents dealt with each other on more or less equal terms with no moral
dominance whatever being exercised by the former over the latter. [32]
We reject the petitioners submission that it resorted to hiring employees for
fixed terms to augment or supplement its regular employment for the
duration of peak loads during short-term surges to respond to cyclical
demands; hence, it may hire and retire workers on fixed terms, ad infinitum,
depending
upon
the
needs
of
its
customers,
domestic
and
international.Under the petitioners submission, any worker hired by it for
fixed terms of months or years can never attain regular employment
status. However, the petitioner, through Ms. Cecilia C. Mallari, the Head of
Personnel Services of the petitioner, deposed that as agreed upon by the
Philips Semiconductor (Phils.), Inc. Workers Union and the petitioner in their
CBA, contractual employees hired before December 12, 1993 shall acquire
regular employment status after seventeen (17) months of satisfactory
service, continuous or broken:
5. Q: What was the response of Philips regular employees to your hiring of
contractual workers in the event of peak loads?
A: Philips regular rank-and-file employees, through their exclusive bargaining
agent, the Philips Semiconductors (Phils.), Inc. Workers Union (Union), duly
recognized the right of Philips, in its best business judgment, to hire
contractual workers, and excluded these workers from the bargaining unit of
regular rank-and-file employees.
Thus, it is provided under the Collective Bargaining Agreement, dated May
16, 1993, between Philips and the Union that:
ARTICLE I
UNION RECOGNITION
Section 1. Employees Covered: The Company hereby recognizes the Union as
the exclusive bargaining representative of the following regular employees in
the Factory at Las Pias, Metro Manila: Janitors, Material Handlers, Store
helpers, Packers, Operators, QA Inspectors, Technicians, Storekeepers,
Production Controllers, Inventory Controllers, Draftsmen, Machinists, Sr.
Technician,
Sr.
QA
Inspectors,
Controllers,
Sr.
Draftsmen,
and
Servicemen, except probationary and Casual/Contractual Employees, all of
whom do not belong to the bargaining unit.
A copy of the CBA, dated May 16, 1993, was attached as Annex 1 to Philips
Position Paper, dated August 30, 1993.
6. Q: May a contractual employee become a regular employee of the Philips?
A: Yes. Under the agreement, dated April 6, 1993, between the Union and
Philips, contractual workers hired before 12 December 1993, who have
rendered seventeen months of satisfactory service, whether continuous or
broken, shall be given regular status. The service rendered by a contractual
employee may be broken depending on production needs of Philips as
explained earlier.
A copy of the Minutes of the Meeting (Minutes, for brevity), dated April 6,
1993, evidencing the agreement between Philips and the Union has been
submitted as Annex 2 of Philips Position Paper.[33]
In fine, under the CBA, the regularization of a contractual or even a casual
employee is based solely on a satisfactory service of the employee/worker
for seventeen (17) months and not on an as needed basis on the fluctuation
of the customers demands for its products. The illogic of the petitioners
incongruent submissions was exposed by the appellate court in its assailed
decision, thus:
The contention of private respondent that petitioner was employed on as
needed basis because its operations and manpower requirements are
dictated by the volume of business from its client and the availability of the
basic materials, such that when the need ceases, private respondent, at its
option, may terminate the contract, is certainly untenable. If such is the
case, then we see no reason for private respondent to allow the contractual
employees to attain their regular status after they rendered service for
seventeen months. Indubitably, even after the lapse of seventeen months,
the operation of private respondent would still be dependent on the volume
of business from its client and the availability of basic materials. The point is,
the operation of every business establishment naturally depends on the law
of supply and demand. It cannot be invoked as a reason why a person
performing an activity, which is usually desirable and necessary in the usual
business, should be placed in a wobbly status. In reiteration, the relation
between capital and labor is not merely contractual. It is so impressed with
public interest that labor contracts must yield to the common good.
While at the start, petitioner was just a mere contractual employee, she
became a regular employee as soon as she had completed one year of
service. It is not difficult to see that to uphold the contractual arrangement
between private respondent and petitioner would, in effect, be to permit
employers to avoid the necessity of hiring regular or permanent
employees. By hiring employees indefinitely on a temporary or casual status,
employers deny their right to security of tenure. This is not sanctioned by
law. [34]
Even then, the petitioners reliance on the CBA is misplaced. For, as
ratiocinated by the appellate court in its assailed decision:
Obviously, it is the express mandate of the CBA not to include contractual
employees within its coverage. Such being the case, we see no reason why
an agreement between the representative union and private respondent,
delaying the regularization of contractual employees, should bind petitioner
as well as other contractual employees. Indeed, nothing could be more
unjust than to exclude contractual employees from the benefits of the CBA
on the premise that the same contains an exclusionary clause while at the
same time invoke a collateral agreement entered into between the parties to
SECOND DIVISION
Present:
Promulgated:
- versus -
DECISION
Before this Court is a petition for review on certiorari of the Decision [1] of the
Court of Appeals in CA-G.R. SP No. 51678 and its Resolution denying the
motion for reconsideration thereon.
The Antecedents
The petitioners alleged that their work as chicken dressers was necessary
and desirable in the usual business of the respondent, and added that
although they worked from 10:00 p.m. to 6:00 a.m., they were not paid
night-shift differential.[8] They stressed that based on the nature of their
work, they were regular employees of the respondent; hence, could not be
dismissed from their employment unless for just cause and after due
notice. In support thereof, the petitioners cited the decision of the Honorable
Labor Arbiter Perlita B. Velasco in NLRC Case No. NCR-6-2168-86,
entitled Estelita Jayme, et al. vs. General Milling Corporation; and NLRC Case
No. NCR-9-3726-86, entitled Marilou Carino, et al. vs. General Milling
Corporation.[9] They asserted that the respondent GMC terminated
their contract of employment without just cause and due notice. They further
argued that the respondent could not rely on the nomenclature of their
employment as temporary or casual.
1.
Declaring respondent corporation guilty of illegally dismissing
complainants, except Rosalina Basan and Filomena Lanting whose
complaints are hereby dismissed on ground of prescription, and as a
consequence therefor ordering the said respondent corporation to reinstate
them to their former positions without loss of seniority rights and other
privileges and with full backwages from the time they were illegally
dismissed in the aggregate amount of P15,328,594.04;
2.
Ordering respondent corporation to pay the said complainants
their 13th month pay, holiday pay and service incentive leave pay in the
aggregate amount of P1,979,148.23;
3.
Ordering respondent corporation to pay said complainants the
amount of P1,730,744.22 by way of attorneys fees, representing ten
(10%) percentum of the total judgment awards.
The respondent opposed the motion, contending that Cacal was a mere
clerk, and was not a member of the staff of its Legal Department. It further
contended that the Legal Department was located at the sixth (6 th) floor of
Corinthian Plaza and had its own staff, including the legal secretary who
served as the Legal Departments receiving clerk. [14]Invoking Section 10, Rule
13 of the Rules of Court, in relation to Section 2 thereof, the respondent
alleged that Cacals receipt of the mail and/or decision was not equivalent to
receipt by its counsel. In support thereof, the respondent cited the cases
of Adamson University v. Adamson University Faculty and Employees
Association,[15] and PLDT vs. NLRC.[16]
On May 25, 1998, the NLRC rendered a decision reversing that of the Labor
Arbiter, the dispositive portion of which is herein quoted:
WHEREFORE, except for its award of 13 th month pay, holiday pay and service
incentive leave pay in the aggregate amount of P1,979,148.23 which is
hereby affirmed, the appealed decision is set aside for being contrary to
settled jurisprudence.[17]
The NLRC ruled that the respondent GMC filed its appeal within the
reglementary period. Citing the case of Caete v. NLRC[18] which, in turn,
cited Adamson v. Adamson[19]and United Placement International v. NLRC,
[20]
the NLRC held that service by registered mail is completed only upon
actual receipt thereof by the addressee. Since the addressee of the mail is
the respondents counsel and the person who received it was a non-member
of the Legal Staff, the decision cannot be said to have been validly served on
the respondents counsel on October 28, 1997.
The NLRC also held that the petitioners, who were temporary or contractual
employees of the respondent, were legally terminated upon the expiration of
their respective contracts. Citing the case of Brent School, Inc. vs. Zamora,
[21]
the NLRC explained that while the petitioners work was necessary and
desirable in the usual business of GMC, they cannot be considered as regular
employees since they agreed to a fixed term.
I
THE RESPONDENT COMMISSION SERIOUSLY ERRED AND ACTED WITH GRAVE
ABUSE OF DISCRETION AMOUNTING TO LACK AND/OR IN EXCESS OF ITS
JURISDICTION IN ENTERTAINING AND GIVING DUE COURSE TO RESPONDENT
COMPANYS APPEAL WHICH WAS UNDENIABLY FILED OUT OF TIME AND
CONSEQUENTLY SETTING ASIDE THE FINAL DECISION OF THE LABOR
ARBITER.
II
THE RESPONDENT COMMISSION SERIOUSLY ERRED AND ACTED WITH GRAVE
ABUSE OF DISCRETION IN HOLDING THAT PETITIONERS DISMISSAL WAS
LEGAL ON THE GROUND OF EXPIRATION OF EMPLOYMENT CONTRACT WHICH
IS NOT A STATUTORY CAUSE UNDER THE LABOR CODE.
III
THE RESPONDENT COMMISSION [S]ERIOUSLY ERRED AND ACTED WITH
GRAVE ABUSE OF DISCRETION IN NOT FINDING THAT PETITIONERS, AS
REGULAR EMPLOYEES, CANNOT BE DISMISSED WITHOUT JUST CAUSE AND
THE REQUIRED DUE PROCESS.[23]
On the merits of the petition, the CA ruled that where the duties of the
employee consist of activities usually necessary or desirable in the usual
business of the employer, it does not necessarily follow that the parties are
forbidden from agreeing on a period of time for the performance of such
activities, and cited the case of St. Theresas School of Novaliches Foundation
v. NLRC.[25] The CA affirmed the entitlement of the petitioners to a
proportionate thirteenth (13th) month pay for the particular year/s the
petitioners were employed. As to the awards of holiday pay and service
incentive leave pay, the CA ruled that they should be limited to the year/s of
actual service.[26]
The petitioners filed a motion for reconsideration of the said decision, which
was denied on July 24, 2001.[27]
The petitioners filed the instant petition, ascribing the following errors to the
appellate court:
I
THE HONORABLE COURT OF APPEALS GRAVELY ERRED AND ACTED WITHOUT
JURISDICTION WHEN IT MODIFIED THE LABOR ARBITERS JUDGMENT THAT
HAS BECOME FINAL AND EXECUTORY FOR FAILURE OF THE RESPONDENT TO
APPEAL WITHIN THE REGLEMENTARY PERIOD.
II
THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN HOLDING THAT THE
DECISION OF THE LABOR ARBITER WAS DEEMED SERVED NOT ON THE DATE
WHEN THE DECISION WAS DELIVERED BY THE POSTMASTER TO THE OFFICE
OF THE RESPONDENTS LAWYER, BUT ON THE DATE WHEN THE RECEIVING
CLERK GAVE THE DECISION TO THE LAWYER.
III
THE RESPONDENTS PRACTICE OF HIRING CHICKEN DRESSERS ON A 5-MONTH
CONTRACT AND REPLACING THEM WITH ANOTHER SET OF 5-MONTH
CONTRACT WORKERS, OBVIOUSLY TO PREVENT THEM FROM ATTAINING
REGULAR STATUS, IS VIOLATIVE OF THE CONSTITUTION AND ARTICLES 279
AND 280 OF THE LABOR CODE.[28]
The issues for resolution are (a) whether or not the respondents appeal from
the Labor Arbiters decision was filed within the reglementary period therefor;
and, (b) whether or not the petitioners were regular employees of the
respondent GMC when their employment was terminated.
In petitions for review on certiorari of the decision of the CA, only errors of
law are generally reviewed.[29] Normally, the Supreme Court is not a trier of
facts.[30] In the absence of any showing that the NLRC committed grave
abuse of discretion, or otherwise acted without or in excess of jurisdiction,
the Court is bound by its findings.[31] Such findings are not infallible, however,
particularly when there is a showing that they were arrived at arbitrarily or in
disregard of the evidence on record. In such case, they may be re-examined
by
the
Court.
Hence, when the factual findings of the NLRC are contrary to those of the
Labor Arbiter, the evidentiary facts may be reviewed by the appellate court.
[32]
Considering that the NLRCs findings clash with those of the Labor Arbiters,
this Court is compelled to go over the records of the case as well as the
submissions of the parties.[33]
Anent the first issue, we agree with the CA that the NLRC did not act with
grave abuse of discretion when it gave due course to the appeal of the
respondent. Decisions of the Labor Arbiter are final and executory, unless
appealed to the Commission, within ten (10) calendar days from receipt
thereof.[34] Copies of decisions or final awards are served on both parties and
their counsel by registered mail,[35] and such service by registered mail is
completed upon actual receipt by the addressee or five (5) days from receipt
of the first notice of the postmaster, whichever is earlier.[36]
The records show that the August 18, 1997 Decision of the Labor Arbiter was
served via registered mail, addressed to the respondent GMCs counsel, Atty.
Emmanuel O. Pacsi, at the sixth (6 th) Floor, Corinthian Plaza Bldg., 121 Paseo
de Roxas, Makati City.[37] It was received by Beth Cacal, a clerk of the
respondent, on October 28, 1997. The petitioners insist that Cacal is a
person with authority to receive legal and judicial correspondence for the
respondents Legal Department. They point out that such authority to receive
mail for and in behalf of the respondents Legal Department is bolstered by
the certification from the Makati Post Office that she received the copy of
their motion to dismiss the appeal, addressed to the said department.
The respondent GMC counters that the service of the LAs decision to a
person not connected to its Legal Department is not a valid service, and that
it is only when a copy of such decision is actually given to such department
that a valid service of the decision is deemed to have been made. Stressing
that factual issues are not proper in a petition for certiorari under Rule 45,
the respondent no longer discussed Cacals authority to receive legal and
judicial communications for the respondent.
A review of the records reveal that Cacal was a clerk at the respondents
office and was assigned at the sixth floor of the Corinthian Plaza Bldg. She
was not assigned at the respondents Legal Department, which has its own
office staff, including a secretary who serves as the departments receiving
clerk.[38] The Court has ruled that a service of a copy of a decision on a
person who is neither a clerk nor one in charge of the attorneys office is
invalid.[39] Thus, there was no grave abuse of discretion on the part of the
NLRC in giving due course to the respondents appeal.
On the second issue, we agree that the petitioners were employees with a
fixed period, and, as such, were not regular employees.
Article 280 of the Labor Code comprehends three kinds of employees: (a)
regular employees or those whose work is necessary or desirable to the
usual business of the employer; (b) project employees or those whose
employment has been fixed for a specific project or undertaking the
completion or termination of which has been determined at the time of the
engagement of the employee or where the work or services to be performed
is seasonal in nature and the employment is for the duration of the season;
and, (c) casual employees or those who are neither regular nor project
employees.[40]
Indeed, in the leading case of Brent School Inc. v. Zamora,[44] we laid down
the guideline before a contract of employment may be held as valid, to wit:
1.
This employment contract shall be on a DAY-TO-DAY BASIS and
shall not extend beyond the period specified above;
2.
The employee aforementioned may be laid off or separated
from the Firm, EVEN BEFORE THE EXPIRY DATE OF THIS CONTRACT, if his/her
services are no longer needed, or if such services are found to be
unsatisfactory, or if she/he has violated any of the established rules and
regulations of the Company;
3.
In any case, the period of employment shall not go beyond the
duration of the work or purpose for which the aforementioned employee has
been engaged;
4.
That the employee hereby agrees to work in any work shift
schedule that may be assigned to him by the Firm during the period of this
contract; and
The records reveal that the stipulations in the employment contracts were
knowingly and voluntarily agreed to by the petitioners without force, duress
or improper pressure, or any circumstances that vitiated their
consent. Similarly, nothing therein shows that these contracts were used as a
subterfuge by the respondent GMC to evade the provisions of Articles 279
and 280 of the Labor Code.
In sum, we rule that the appeal was filed within the ten (10)-day
reglementary period. Although the petitioners who mainly worked as chicken
dressers performed work necessary and desirable in the usual business of
the respondent, they were not regular employees therein. Consequently, the
termination of their employment upon the expiry of their respective
contracts was valid.
SO ORDERED.
SECOND DIVISION
NOELITO
FABELA,
MARCELO G.R. No. 150658
DELA CRUZ III, ROGELIO LASAT,
HENRY MALIWANAG, MANUEL
DELOS SANTOS, and ROMMEL Present:
QUINES,
Petitioners,
- versus -
CARPIO MORALES,
TINGA, and
VELASCO, JR., JJ.
NAME
DATE HIRED
NOELITO FABELA
MAY, 1992
DATE
OF
TERMINATION OF
EMPLOYMENT
AUGUST, 1996
ROGELIO LASAT
AUGUST, 1995
SEPTEMBER,
1997
HENRY MALIWANAG
MAY, 1995
SEPTEMBER,
1997
MAY, 1995
SEPTEMBER,
1997
JOSELITO DE LARA
MAY, 1994
JULY 30,1997
ROMMEL QUINES
DECEMBER,
1991
MAY, 1997
JOHN ALOVERA
JUNE, 1992
MAY, 1997
Respondent SMC and its co-respondent Arman Hicarte, who was its Human
Resources Manager, claimed that the hiring of petitioners was not intended
to be permanent, as the same was merely occasioned by the need to fill in a
vacuum arising from SMCs gradual transition to a new system of selling and
delivering its products.
they are actually reinstated. As of this date, their backwages has reached the
sum of P562,336.64. (See attached computation). The complaints of Jun
Alovera and Joselito De Lara must be dismissed for lack of merit.
SO ORDERED.
The Decision of the Labor Arbiter was affirmed on appeal by the NLRC, by
Resolution of April 28, 2000. Respondents Motion for Reconsideration was
denied, hence, they filed a Petition for Certiorari with the Court of Appeals
before which they contended that herein petitioners were validly hired for a
fixed period which was not renewed, hence, the termination of their services
was valid.
By Decision of July 30, 2001,[7] the Court of Appeals granted respondents
petition and accordingly reversed the decision of the Labor Arbiter and of the
NLRC. The appellate court accordingly dismissed petitioners complaints. In
granting respondents petition, the appellate court ratiocinated:
At bar, there is not any least indication that the employment contract was
not knowingly and voluntarily agreed upon between the parties nary any
force or improper pressure upon the employee nor any circumstances
vitiating his consent. Neither is there any indication or signal of improper
pressure in the execution of the contract nor that the employer and the
employee did not deal with each other on equal terms absent any moral
dominance by the employer upon the employee. Finally, at the time the
contracts were entered into, the parties were pretty aware of the day
certain which must necessarily come although still unknown when at which
time the contract will self- expire.[8] (Underscoring supplied)
Their motion for reconsideration having been denied by the Court of Appeals
by Resolution of October 29, 2001, petitioners filed the present petition.
The validity of the termination of petitioners services depends on whether
they were hired for a fixed period, as claimed by respondents, or as regular
employees who may not be dismissed except for just or authorized causes.
Article 280 of the Labor Code defines regular employment as follows:
ART. 280. Regular and casual employment. The provisions of written
agreement to the contrary notwithstanding and regardless of the oral
agreement of the parties, an employment shall be deemed to be regular
where the employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the
employer, except where the employment has been fixed for a specific
project or undertaking the completion or termination of which has
been determined at the time of the engagement of the employee or
where the work or services to be performed is seasonal in nature and the
employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the
preceding paragraph: Provided, That any employee who has rendered at
least one year of service, whether such service is continuous or
broken, shall be considered a regular employee with respect to the
activity in which he is employed and his employment shall continue while
such activity actually exists. (Emphasis, italics and underscoring supplied)
In Pure Foods Corp. v. NLRC,[9] this Court held that under the above-quoted
provision, there are two kinds of regular employees, namely: (1) those who
are engaged to perform activities which are necessary or desirable in the
usual business or trade of the employer, and (2) those casual employees who
A considered assessment of the findings of the Labor Arbiter and the NLRC,
however, shows that the same are supported by substantial evidence.
Respondents contention that there are fixed periods stated in the contracts
of employment does not lie. Brent instructs that a contract of employment
stipulating a fixed-term, even if clear as regards the existence of a period, is
invalid if it can be shown that the same was executed with the intention of
circumventing security of tenure, and should thus be ignored. And so
does Paguio v. NLRC,[17] thus:
xxxx
The FIRST PARTY hereby hires the SECOND PARTY as PROJECT RELIEF
SALESMAN to perform/undertake the activities listed in Annex A hereof at its
Greater Manila Area Sales Operations, San Miguel Brewing Group and the
latter hereby accepts and agrees such undertaking for a period of twelve
(12) months, starting from April 4, 1995 to April 3, 1996 or upon
completion of the project hereinafter referred to, whichever comes
first, subject to the general supervision, order, advice and directions of the
FIRST PARTY.
x x x x[18] (Emphasis and underscoring supplied)
It bears noting, however, that petitioner Fabela, besides being hired again for
another fixed period of four (4) months after the lapse in April 1996 of the
one-year contract, had already been working for respondent SMC on a fixedterm basis as early as 1992, or one year before respondent SMC even began
its shift to the Pre-selling System in 1993.
Similarly, petitioner Marcelo dela Cruz III was hired prior to the alleged
transition to the new system. In fact, he was hired in December 1991, even
earlier than petitioner Fabela.
The NLRC, therefore, had sufficient basis to believe that the shift of SMC to
the Pre-Selling System was not the real basis for the forging of fixed-term
contracts of employment with petitioners and that the periods were fixed
only as a means to preclude petitioners from acquiring security of tenure.
FIRST DIVISION
[G.R. No. 120969. January 22, 1998]
ALEJANDRO MARAGUINOT, JR. and PAULINO ENERO, petitioners,
vs. NATIONAL LABOR RELATIONS COMMISSION (SECOND DIVISION)
composed
of
Presiding
Commissioner
RAUL
T.
AQUINO,
Commissioner ROGELIO I. RAYALA and Commissioner VICTORIANO R.
CALAYCAY
(Ponente),
VIC
DEL
ROSARIO
and
VIVA
FILMS, respondents.
DECISION
DAVIDE, JR., J.:
By way of this special civil action for certiorari under Rule 65 of the Rules of
Court, petitioners seek to annul the 10 February 1995 Decision [1] of the
National Labor Relations Commission (hereafter NLRC), and its 6 April 1995
Resolution[2] denying the motion to reconsider the former in NLRC-NCR-CA
No. 006195-94. The decision reversed that of the Labor Arbiter in NLRC-NCRCase No. 00-07-03994-92.
The parties present conflicting sets of facts.
Petitioner Alejandro Maraguinot, Jr. maintains that he was employed by
private respondents on 18 July 1989 as part of the filming crew with a salary
of P375.00 per week. About four months later, he was designated Assistant
Electrician with a weekly salary of P400.00, which was increased to P450.00
in May 1990. In June 1991, he was promoted to the rank of Electrician with a
weekly salary of P475.00, which was increased to P593.00 in September
1991.
Petitioner Paulino Enero, on his part, claims that private respondents
employed him in June 1990 as a member of the shooting crew with a weekly
salary of P375.00, which was increased to P425.00 in May 1991, then
to P475.00 on 21 December 1991.[3]
Petitioners tasks consisted of loading, unloading and arranging movie
equipment in the shooting area as instructed by the cameraman, returning
the equipment to Viva Films warehouse, assisting in the fixing of the lighting
system, and performing other tasks that the cameraman and/or director may
assign.[4]
Sometime in May 1992, petitioners sought the assistance of their supervisor,
Mrs. Alejandria Cesario, to facilitate their request that private respondents
adjust their salary in accordance with the minimum wage law. In June 1992,
Mrs. Cesario informed petitioners that Mr. Vic del Rosario would agree to
increase their salary only if they signed a blank employment contract.As
petitioners refused to sign, private respondents forced Enero to go on leave
in June 1992, then refused to take him back when he reported for work on 20
July 1992. Meanwhile, Maraguinot was dropped from the company payroll
from 8 to 21 June 1992, but was returned on 22 June 1992. He was again
asked to sign a blank employment contract, and when he still refused,
private respondents terminated his services on 20 July 1992. [5] Petitioners
thus sued for illegal dismissal[6] before the Labor Arbiter.
On the other hand, private respondents claim that Viva Films (hereafter VIVA)
is the trade name of Viva Productions, Inc., and that it is primarily engaged in
the distribution and exhibition of movies -- but not in the business of making
movies; in the same vein, private respondent Vic del Rosario is merely an
executive producer, i.e., the financier who invests a certain sum of money for
the production of movies distributed and exhibited by VIVA.[7]
Private respondents assert that they contract persons called producers -also referred to as associate producers [8] -- to produce or make movies for
private respondents; and contend that petitioners are project employees of
the associate producers who, in turn, act as independent contractors. As
such, there is no employer-employee relationship between petitioners and
private respondents.
Private respondents further contend that it was the associate producer of the
film Mahirap Maging Pogi, who hired petitioner Maraguinot. The movie shot
from 2 July up to 22 July 1992, and it was only then that Maraguinot was
released upon payment of his last salary, as his services were no longer
needed. Anent petitioner Enero, he was hired for the movie entitled Sigaw ng
Puso, later re-titled Narito ang Puso. He went on vacation on 8 June 1992,
and by the time he reported for work on 20 July 1992, shooting for the movie
had already been completed.[9]
After considering both versions of the facts, the Labor Arbiter found as
follows:
On the first issue, this Office rules that complainants are the employees of
the respondents. The producer cannot be considered as an independent
contractor but should be considered only as a labor-only contractor and as
such, acts as a mere agent of the real employer, the herein respondents.
Respondents even failed to name and specify who are the producers. Also, it
is an admitted fact that the complainants received their salaries from the
respondents. The case cited by the respondents, Rosario Brothers,
Inc. vs. Ople, 131 SCRA 72 does not apply in this case.
It is very clear also that complainants are doing activities which are
necessary and essential to the business of the respondents, that of moviemaking. Complainant Maraguinot worked as an electrician while complainant
Enero worked as a crew [member].[10]
Hence, the Labor Arbiter, in his decision of 20 December 1993, decreed as
follows:
WHEREFORE, judgment is hereby rendered declaring that complainants were
illegally dismissed.
Respondents are hereby ordered to reinstate complainants to their former
positions without loss [of] seniority rights and pay their backwages starting
July 21, 1992 to December 31, 1993 temporarily computed in the amount
of P38,000.00 for complainant Paulino Enero and P46,000.00 for complainant
Alejandro Maraguinot, Jr. and thereafter until actually reinstated.
Respondents are ordered to pay also attorneys fees equivalent to ten (10%)
and/or P8,400.00 on top of the award.[11]
Private respondents appealed to the NLRC (docketed as NLRC NCR-CA No.
006195-94). In its decision[12] of 10 February 1995, the NLRC found the
following circumstances of petitioners work clearly established:
1. Complainants [petitioners herein] were hired for specific movie projects
and their employment was co-terminus with each movie project the
completion/termination of which are pre-determined, such fact being made
known to complainants at the time of their engagement.
xxx
2. Each shooting unit works on one movie project at a time. And the work of
the shooting units, which work independently from each other, are not
continuous in nature but depends on the availability of movie projects.
3. As a consequence of the non-continuous work of the shooting units, the
total working hours logged by complainants in a month show extreme
variations... For instance, complainant Maraguinot worked for only 1.45
hours in June 1991 but logged a total of 183.25 hours in January 1992.
Complainant Enero logged a total of only 31.57 hours in September 1991 but
worked for 183.35 hours the next month, October 1991.
4. Further shown by respondents is the irregular work schedule of
complainants on a daily basis. Complainant Maraguinot was supposed to
report on 05 August 1991 but reported only on 30 August 1991, or a gap of
25 days. Complainant Enero worked on 10 September 1991 and his next
scheduled working day was 28 September 1991, a gap of 18 days.
5. The extremely irregular working days and hours of complainants work
explain the lump sum payment for complainants services for each movie
project. Hence, complainants were paid a standard weekly salary regardless
of the number of working days and hours they logged in. Otherwise, if the
principle of no work no pay was strictly applied, complainants earnings for
certain weeks would be very negligible.
6. Respondents also alleged that complainants were not prohibited from
working with such movie companies like Regal, Seiko and FPJ Productions
whenever they are not working for the independent movie producers
engaged by respondents... This allegation was never rebutted by
complainants and should be deemed admitted.
The NLRC, in reversing the Labor Arbiter, then concluded that these
circumstances, taken together, indicated that complainants (herein
petitioners) were project employees.
After their motion for reconsideration was denied by the NLRC in its
Resolution[13] of 6 April 1995, petitioners filed the instant petition, claiming
that the NLRC committed grave abuse of discretion amounting to lack or
excess of jurisdiction in: (1) finding that petitioners were project employees;
(2) ruling that petitioners were not illegally dismissed; and (3) reversing the
decision of the Labor Arbiter.
To support their claim that they were regular (and not project) employees of
private respondents, petitioners cited their performance of activities that
were necessary or desirable in the usual trade or business of private
respondents and added that their work was continuous, i.e., after one project
was completed they were assigned to another project. Petitioners thus
considered themselves part of a work pool from which private respondents
drew workers for assignment to different projects. Petitioners lamented that
there was no basis for the NLRCs conclusion that they were project
employees, while the associate producers were independent contractors; and
thus reasoned that as regular employees, their dismissal was illegal since the
same was premised on a false cause, namely, the completion of a project,
which was not among the causes for dismissal allowed by the Labor Code.
Private respondents reiterate their version of the facts and stress that their
evidence supports the view that petitioners are project employees; point to
petitioners irregular work load and work schedule; emphasize the NLRCs
finding that petitioners never controverted the allegation that they were not
prohibited from working with other movie companies; and ask that the facts
be viewed in the context of the peculiar characteristics of the movie industry.
The Office of the Solicitor General (OSG) is convinced that this petition is
improper since petitioners raise questions of fact, particularly, the NLRCs
finding that petitioners were project employees, a finding supported by
substantial evidence; and submits that petitioners reliance on Article 280 of
the Labor Code to support their contention that they should be deemed
regular employees is misplaced, as said section merely distinguishes
between two types of employees, i.e., regular employees and casual
employees, for purposes of determining the right of an employee to certain
benefits.
The OSG likewise rejects petitioners contention that since they were hired
not for one project, but for a series of projects, they should be deemed
regular employees. Citing Mamansag v. NLRC,[14] the OSG asserts that what
matters is that there was a time-frame for each movie project made known
to petitioners at the time of their hiring. In closing, the OSG disagrees with
petitioners claim that the NLRCs classification of the movie producers as
independent contractors had no basis in fact and in law, since, on the
contrary, the NLRC took pains in explaining its basis for its decision.
As regards the propriety of this action, which the Office of the Solicitor
General takes issue with, we rule that a special civil action
for certiorari under Rule 65 of the Rules of Court is the proper remedy for one
who complains that the NLRC acted in total disregard of evidence material to
or decisive of the controversy. [15] In the instant case, petitioners allege that
the NLRCs conclusions have no basis in fact and in law, hence the petition
may not be dismissed on procedural or jurisdictional grounds.
The judicious resolution of this case hinges upon, first, the determination of
whether an employer-employee relationship existed between petitioners and
private respondents or any one of private respondents. If there was none,
then this petition has no merit; conversely, if the relationship existed, then
petitioners could have been unjustly dismissed.
A related question is whether private respondents are engaged in the
business of making motion pictures. Del Rosario is necessarily engaged in
such business as he finances the production of movies. VIVA, on the other
hand, alleges that it does not make movies, but merely distributes and
exhibits motion pictures. There being no further proof to this effect, we
cannot rely on this self-serving denial. At any rate, and as will be discussed
below, private respondents evidence even supports the view that VIVA is
engaged in the business of making movies.
We now turn to the critical issues. Private respondents insist that petitioners
are project employees of associate producers who, in turn, act as
independent contractors. It is settled that the contracting out of labor is
allowed only in case of job contracting. Section 8, Rule VIII, Book III of the
Omnibus Rules Implementing the Labor Code describes permissible job
contracting in this wise:
Sec. 8. Job contracting. -- There is job contracting permissible under the Code
if the following conditions are met:
(1) The contractor carries on an independent business and undertakes the
contract work on his own account under his own responsibility according to
his own manner and method, free from the control and direction of his
employer or principal in all matters connected with the performance of the
work except as to the results thereof; and
(2) The contractor has substantial capital or investment in the form of tools,
equipment, machineries, work premises, and other materials which are
necessary in the conduct of his business.
Assuming that the associate producers are job contractors, they must then
be engaged in the business of making motion pictures. As such, and to be a
job contractor under the preceding description, associate producers must
have tools, equipment, machinery, work premises, and other materials
necessary to make motion pictures. However, the associate producers here
have none of these. Private respondents evidence reveals that the moviemaking equipment are supplied to the producers and owned by VIVA. These
include generators,[16]cables and wooden platforms,[17] cameras and shooting
equipment;[18] in fact, VIVA likewise owns the trucks used to transport the
equipment.[19] It is thus clear that the associate producer merely leases the
equipment from VIVA.[20] Indeed, private respondents Formal Offer of
Documentary Evidence stated one of the purposes of Exhibit 148 as:
To prove further that the independent Producers rented Shooting Unit No. 2
from Viva to finish their films.[21]
While the purpose of Exhibits 149, 149-A and 149-B was:
[T]o prove that the movies of Viva Films were contracted out to the different
independent Producers who rented Shooting Unit No. 3 with a fixed budget
and time-frame of at least 30 shooting days or 45 days whichever comes
first.[22]
Private respondents further narrated that VIVAs generators broke down
during petitioners last movie project, which forced the associate producer
concerned to rent generators, equipment and crew from another company.
[23]
This only shows that the associate producer did not have substantial
capital nor investment in the form of tools, equipment and other materials
necessary for making a movie. Private respondents in effect admit that their
producers, especially petitioners last producer, are not engaged in
permissible job contracting.
If private respondents insist that their associate producers are labor
contractors, then these producers can only be labor-only contractors, defined
by the Labor Code as follows:
Art. 106. Contractor or subcontractor.-- x x x
There is labor-only contracting where the person supplying workers to an
employer does not have substantial capital or investment in the form of
tools, equipment, machineries, work premises, among others, and the
workers recruited and placed by such persons are performing activities which
are directly related to the principal business of such employer. In such cases,
the person or intermediary shall be considered merely as an agent of the
employer who shall be responsible to the workers in the same manner and
extent as if the latter were directly employed by him.
A more detailed description is provided by Section 9, Rule VIII, Book III of the
Omnibus Rules Implementing the Labor Code:
Sec. 9. Labor-only contracting. -- (a) Any person who undertakes to supply
workers to an employer shall be deemed to be engaged in labor-only
contracting where such person:
(1) Does not have substantial capital or investment in the form of tools,
equipment, machineries, work premises and other materials; and
(2) The workers recruited and placed by such person are performing
activities which are directly related to the principal business or operations of
the employer in which workers are habitually employed.
[28]
During the term of this appointment you shall comply with the duties and
responsibilities of your position as well as observe the rules and regulations
promulgated by your superiors and by Top Management.
The words superiors and Top Management can only refer to the superiors and
Top Management of VIVA. By commanding crew members to observe the
rules and regulations promulgated by VIVA, the appointment slips only
emphasize VIVAs control over petitioners.
Aside from control, the element of selection and engagement is likewise
present in the instant case and exercised by VIVA. A sample appointment slip
offered by private respondents to prove that members of the shooting crew
except the driver are project employees of the Independent
Producers[29] reads as follows:
VIVA PRODUCTIONS, INC.
16 Sct. Albano St.
Diliman, Quezon City
PEDRO NICOLAS Date: June 15, 1992
__________________
APPOINTMENT SLIP
You are hereby appointed as SOUNDMAN for the film project entitled
MANAMBIT. This appointment shall be effective upon the commencement of
the said project and shall continue to be effective until the completion of the
same.
For your services you shall receive the daily/weekly/monthly compensation
of P812.50.
During the term of this appointment you shall comply with the duties and
responsibilities of your position as well as observe the rules and regulations
promulgated by your superiors and by Top Management.
Very truly yours,
(an illegible signature)
CONFORME:
___________________
Name of appointee
Signed in the presence of:
_____________________
Notably, nowhere in the appointment slip does it appear that it was the
producer or associate producer who hired the crew members; moreover, it is
VIVAs corporate name which appears on the heading of the appointment
slip. What likewise tells against VIVA is that it paid petitioners salaries as
evidenced by vouchers, containing VIVAs letterhead, for that purpose.[30]
All the circumstances indicate an employment relationship between
petitioners and VIVA alone, thus the inevitable conclusion is that petitioners
are employees only of VIVA.
The next issue is whether petitioners were illegally dismissed. Private
respondents contend that petitioners were project employees whose
employment was automatically terminated with the completion of their
respective projects. Petitioners assert that they were regular employees who
were illegally dismissed.
It may not be ignored, however, that private respondents expressly admitted
that petitioners were part of a work pool; [31] and, while petitioners were
initially hired possibly as project employees, they had attained the status of
regular employees in view of VIVAs conduct.
A project employee or a member of a work pool may acquire the status of a
regular employee when the following concur:
1) There is a continuous rehiring of project employees even after cessation of
a project;[32] and
2) The tasks performed by the alleged project employee are vital, necessary
and indispensable to the usual business or trade of the employer.[33]
However, the length of time during which the employee was continuously rehired is not controlling, but merely serves as a badge of regular employment.
[34]
In the instant case, the evidence on record shows that petitioner Enero was
employed for a total of two (2) years and engaged in at least eighteen (18)
projects, while petitioner Maraguinot was employed for some three (3) years
and worked on at least twenty-three (23) projects. [35] Moreover, as petitioners
tasks involved, among other chores, the loading, unloading and arranging of
movie equipment in the shooting area as instructed by the cameramen,
returning the equipment to the Viva Films warehouse, and assisting in the
fixing of the lighting system, it may not be gainsaid that these tasks
were vital, necessary and indispensable to the usual business or trade of the
employer. As regards the underscored phrase, it has been held that this is
ascertained by considering the nature of the work performed and its relation
to the scheme of the particular business or trade in its entirety.[36]
this decision coddles labor, for as Lao has ruled, project or work pool
employees who have gained the status of regular employees are subject to
the no work-no pay principle, to repeat:
A work pool may exist although the workers in the pool do not receive
salaries and are free to seek other employment during temporary breaks in
the business, provided that the worker shall be available when called to
report for a project. Although primarily applicable to regular seasonal
workers, this set-up can likewise be applied to project workers insofar as the
effect of temporary cessation of work is concerned. This is beneficial to both
the employer and employee for it prevents the unjust situation of coddling
labor at the expense of capital and at the same time enables the workers to
attain the status of regular employees.
The Courts ruling here is meant precisely to give life to the constitutional
policy of strengthening the labor sector,[40] but, we stress, not at the expense
of management. Lest it be misunderstood, this ruling does not mean that
simply because an employee is a project or work pool employee even outside
the construction industry, he is deemed, ipso jure, a regular employee. All
that we hold today is that once a project or work pool employee has
been: (1) continuously, as opposed to intermittently, re-hired by the same
employer for the same tasks or nature of tasks; and (2) these tasks are vital,
necessary and indispensable to the usual business or trade of the employer,
then the employee must be deemed a regular employee, pursuant to Article
280 of the Labor Code and jurisprudence. To rule otherwise would allow
circumvention of labor laws in industries not falling within the ambit of Policy
Instruction No. 20/Department Order No. 19, hence allowing the prevention
of acquisition of tenurial security by project or work pool employees who
have already gained the status of regular employees by the employers
conduct.
In closing then, as petitioners had already gained the status of regular
employees, their dismissal was unwarranted, for the cause invoked by
private respondents for petitioners dismissal, viz., completion of project, was
not, as to them, a valid cause for dismissal under Article 282 of the Labor
Code. As such, petitioners are now entitled to back wages and reinstatement,
without loss of seniority rights and other benefits that may have accrued.
[41]
Nevertheless, following the principles of suspension of work and no pay
between the end of one project and the start of a new one, in computing
petitioners back wages, the amounts corresponding to what could have been
earned during the periods from the date petitioners were dismissed until
their reinstatement when petitioners respective Shooting Units were not
undertaking any movie projects, should be deducted.
Petitioners were dismissed on 20 July 1992, at a time when Republic Act No.
6715 was already in effect. Pursuant to Section 34 thereof which amended
Section 279 of the Labor Code of the Philippines and Bustamante v. NLRC,
[42]
petitioners are entitled to receive full back wages from the date of their
dismissal up to the time of their reinstatement, without deducting whatever
earnings derived elsewhere during the period of illegal dismissal, subject,
however, to the above observations.
WHEREFORE, the instant petition is GRANTED. The assailed decision of the
National Labor Relations Commission in NLRC NCR CA No. 006195-94 dated
10 February 1995, as well as its Resolution dated 6 April 1995, are hereby
ANNULLED and SET ASIDE for having been rendered with grave abuse of
discretion, and the decision of the Labor Arbiter in NLRC NCR Case No. 00-0703994-92 is REINSTATED, subject, however, to the modification above
mentioned in the computation of back wages.
No pronouncement as to costs.
SO ORDERED.
FIRST DIVISION
[G.R. No. 147816. May 9, 2003]
EFREN P. PAGUIO, petitioner, vs. NATIONAL LABOR RELATIONS
COMMISSION, METROMEDIA TIMES CORPORATION, ROBINA Y.
GOKONGWEI, LIBERATO GOMEZ, JR., YOLANDA E. ARAGON,
FREDERICK D. GO and ALDA IGLESIA, respondents.
DECISION
VITUG, J.:
On 22 June 1992, respondent Metromedia Times Corporation entered, for the
fifth time, into an agreement with petitioner Efren P. Paguio, appointing the
latter to be an account executive of the firm. [1] Again, petitioner was to solicit
advertisements for "The Manila Times," a newspaper of general circulation,
published by respondent company. Petitioner, for his efforts, was to receive
compensation consisting of a 15% commission on direct advertisements less
withholding tax and a 10% commission on agency advertisements based on
gross revenues less agency commission and the corresponding withholding
tax. The commissions, released every fifteen days of each month, were to be
given to petitioner only after the clients would have paid for the
advertisements. Apart from commissions, petitioner was also entitled to a
monthly allowance of P2,000.00 as long as he met the P30,000.00-monthly
quota.Basically, the contentious points raised by the parties had something
to do with the following stipulations of the agreement; viz:
12. You are not an employee of the Metromedia Times Corporation nor does
the company have any obligations towards anyone you may employ, nor any
responsibility for your operating expenses or for any liability you may
incur. The only rights and obligations between us are those set forth in this
agreement. This agreement cannot be amended or modified in any way
except with the duly authorized consent in writing of both parties.
13. Either party may terminate this agreement at any time by giving written
notice to the other, thirty (30) days prior to effectivity of termination. [2]
On 15 August 1992, barely two months after the renewal of his contract,
petitioner received the following notice from respondent firm Dear Mr. Paguio,
Please be advised of our decision to terminate your services as Account
Executive of Manila Times effective September 30, 1992.
This is in accordance with our contract signed last July 1, 1992.[3]
Apart from vague allegations of misconduct on which he was not given the
opportunity to defend himself, i.e., pirating clients from his co-executives and
failing to produce results, no definite cause for petitioners termination was
given. Aggrieved, petitioner filed a case before the labor arbiter, asking that
his dismissal be declared unlawful and that his reinstatement, with
entitlement to backwages without loss of seniority rights, be
ordered. Petitioner also prayed that respondent company officials be held
accountable for acts of unfair labor practice, for P500,000.00 moral damages
and for P200,000.00 exemplary damages.
In their defense, respondent Metromedia Times Corporation asserted that it
did not enter into any agreement with petitioner outside of the contract of
services under Articles 1642 and 1644 of the Civil Code of the Philippines.
[4]
Asserting their right to terminate the contract with petitioner, respondents
pointed to the last provision thereof stating that both parties could opt to
end the contract provided that either party would serve, thirty days prior to
the intended date of termination, the corresponding notice to the other.
The labor arbiter found for petitioner and declared his dismissal illegal. The
arbiter ordered respondent Metromedia Times Corporation and its officers to
reinstate petitioner to his former position, without loss of seniority rights, and
to pay him his commissions and other remuneration accruing from the date
of dismissal on 15 August 1992 up until his reinstatement. He likewise
adjudged that Liberato I. Gomez, general manager of respondent
corporation, be held liable to petitioner for moral damages in the amount of
P20,000.00.
On appeal, the National Labor Relations Commission (NLRC) reversed the
ruling of the labor arbiter and declared the contractual relationship between
the parties as being for a fixed-term employment. The NLRC declared a fixedterm employment to be lawful as long as it was agreed upon knowingly and
voluntarily by the parties, without any force, duress or improper pressure
being brought to bear upon the worker and absent any other circumstances
vitiating his consent."[5] The finding of the NLRC was primarily hinged on the
assumption that petitioner, on account of his educated stature, having
indeed personally prepared his pleadings without the aid of counsel, was an
unlikely victim of a lopsided contract. Rejecting the assertion of petitioner
that he was a regular employee, the NLRC held: "The decisive determinant
would not be the activities that the employee (was) called upon to perform
but rather, the day certain agreed upon by the parties for the
commencement and termination of their employment relationship, a day
certain being understood to be that which (would) necessarily come,
although it (might) not be known when."[6]
Petitioner appealed the ruling of the NLRC before the Court of Appeals which
upheld in toto the findings of the commission. In his petition for review
on certiorari, petitioner raised the following issues for resolution:
WHETHER OR NOT PETITIONER'S CONTRACT WITH PRIVATE RESPONDENTS
COMPANY IS FOR A FIXED PERIOD.
THIRD DIVISION
YNARES-SANTIAGO, J.
Chairperson,
- versus - AUSTRIA-MARTINEZ,
CHICO-NAZARIO,
NACHURA, and
REYES, JJ.
DECISION
AUSTRIA-MARTINEZ, J.:
In a Decision[1] dated August 24, 1999, the Labor Arbiter (LA) dismissed the
complaint for not being substantiated with clear and convincing evidence.
The National Labor Relations Commission (NLRC) affirmed the LA's dismissal,
[2]
and the Court of Appeals (CA)[3] dismissed the petition filed before it.[4]
Hence, herein Petition for Review on Certiorari under Rule 45 of the Rules of
Court with the issues set forth as follows:
The rule is clear that a petition for review on certiorari under Rule 45 of the
Rules of Court should raise only questions of law, subject to
certain exceptions.[6] Whether or not respondents were project employees or
regular employees is a question of fact.[7]
The LA, the NLRC and the CA are one in ruling that petitioners were not
illegally dismissed as they were not regular, but contractual or project
employees. Consequently, the finding of the LA, the NLRC, and the CA that
petitioners were project employees binds this Court.[8]
ART. 280. Regular and Casual Employees. The provision of written agreement
to the contrary notwithstanding and regardless of the oral agreement of the
parties, an employment shall be deemed to be regular where the employee
has been engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer, except where the
employment has been fixed for a specific project or undertaking the
completion or termination of which has been determined at the time of the
engagement of the employee or where the work or services to be performed
is seasonal in nature and the employment is for the duration of the season.
The
principal
test
for
determining
whether
an employee
is
a project employee or a regular employee is whether the employment has
been fixed for a specific project or undertaking, the completion or
termination of which has been determined at the time of the engagement of
the employee.[10] A project employee is one whose employment has been
fixed for a specific project or undertaking, the completion or termination of
which has been determined at the time of the engagement of the employee
or where the work or service to be performed is seasonal in nature and the
employment is for the duration of the season. [11] A true project employee
should be assigned to a project which begins and ends at determined or
determinable times, and be informed thereof at the time of hiring.[12]
Petitioners contend that respondent's repeated hiring of their services
qualifies them to the status of regular employees. On this score, the LA
ruled:
This is further buttress[ed] by the fact that the relationship between
complainants and the respondent URSUMCO, would clearly reveal that the
very nature of the terms and conditions of their hiring would show that
complainants were required to perform phases of special projects which are
not related to the main operation of the respondent for a definite period,
after which their services are available to any farm owner.[13]
In the case at bar, We note that complainants never bothered to deny that
they voluntarily, knowingly and willfully executed the contracts of
employment. Neither was there any showing thatrespondents exercised
moral dominance on the complainants, x x x it is clear that the contracts of
employment are valid and binding on the complainants.
The
nature
and
terms
and
conditions
of
employment
petitioner Andito Pael were the same as that of his co-petitioner Caseres.
of
xxx
It should be stressed that contracts for project employment are valid under
the law. In Villa v. National Labor Relations Commission,[16] the Court stated
that:
The fact that petitioners were constantly re-hired does not ipso
facto establish that they became regular employees. Their respective
contracts with respondent show that there were intervals in their
employment. In petitioner Caseres's case, while his employment lasted from
August 1989 to May 1999, the duration of his employment ranged from one
day to several months at a time, and such successive employments were not
continuous. With regard to petitioner Pael, his employment never lasted for
more than a month at a time. These support the conclusion that they were
indeed project employees, and since their work depended on the availability
of such contracts or projects, necessarily the employment of respondents
work force was not permanent but co-terminous with the projects to which
they were assigned and from whose payrolls they were paid. As ruled
inPalomares v. National Labor Relations Commission,[18] it would be
extremely burdensome for their employer to retain them as
permanent employees and pay them wages even if there were no projects to
work on.
SO ORDERED.
THIRD DIVISION
BIENVENIDO D. GOMA,
Petitioner,
Present:
YNARES-SANTIAGO, J.,
Chairperson,
- versus -
AUSTRIA-MARTINEZ,
CHICO-NAZARIO,
NACHURA, and
REYES, JJ.
PAMPLONA PLANTATIONINCORPORAT
ED,
Respondent.
Promulgated:
July 4, 2008
x------------------------------------------------------------------------------------x
DECISION
NACHURA, J.:
For review is the Decision [1] of the Court of Appeals (CA) dated August 27,
2003
granting
respondent
Pamplona
Plantation,
Inc.s
petition
[2]
for certiorari and its Resolution dated November 11, 2003 denying
On the other hand, respondent denied having hired the petitioner as its
regular employee. It instead argued that petitioner was hired by a certain
Antoy Caaveral, the manager of the hacienda at the time it was owned by Mr.
Bower and leased by Manuel Gonzales, a jai-alai pelotari known as Ybarra.
[6]
Respondent added that it was not obliged to absorb the employees of the
former owner.
In 1995, Pamplona Plantation Leisure Corporation (PPLC) was created for the
operation of tourist resorts, hotels and bars. Petitioner, thus, rendered
service in the construction of the facilities of PPLC. If at all, petitioner was a
project but not a regular employee.[7]
On June 28, 1999, Labor Arbiter Geoffrey P. Villahermosa dismissed the case
for lack of merit.[8] The Labor Arbiter concluded that petitioner was hired by
the
former
owner,
hence,
was
not
an
employee
of
the
respondent. Consequently, his money claims were denied.[9]
WHEREFORE, the Decision of the Labor Arbiter is hereby SET ASIDE and a
new one is hereby issued ORDERING the respondent, Pamplona Plantation
Incorporated, the following:
2) to pay the same complainant TWELVE THOUSAND THREE HUNDRED FIFTYNINE PESOS (P12,359.00) in salary differentials;
SO ORDERED.[10]
reconsideration
was
denied
by
the
NLRC
SO ORDERED.[16]
Contrary to the NLRCs finding, the CA concluded that there was no employeremployee relationship. The CA stressed that petitioner having raised a
positive averment, had the burden of proving the existence of an employeremployee relationship. Respondent, therefore, had no obligation to prove its
negative averment.[17] The appellate court further held that while the
respondents business required the performance of occasional repairs and
carpentry work, the retention of a carpenter in its payroll was not necessary
or desirable in the conduct of its usual business. [18] Lastly, although the
petitioner was an employee of the former owner of the hacienda, the
respondent was not required to absorb such employees because
employment contracts are in personam and binding only between the
parties.[19]
Petitioner now comes before this Court raising the sole issue:
Both the Labor Arbiter and the CA concluded that there was no employeremployee relationship between the petitioner and respondent. They based
their conclusion on the alleged admission of the petitioner that he was
previously hired by the former owner of the hacienda. Thus, they rationalized
that since the respondent was not obliged to absorb all the employees of the
former owner, petitioners claim of employment could not be sustained. The
NLRC, on the other hand, upheld petitioners claim of regular employment
because of the respondents failure to present its employment records.
xxxx
Thus, departing from its initial stand that it never hired petitioner, the
respondent eventually admitted the existence of employer-employee
relationship before the CA. It, however, qualified such admission by claiming
that it was PPLC that hired the petitioner and that the nature of his
employment therein was that of a project and not regular employee.
As can be gleaned from this provision, there are two kinds of regular
employees, namely: (1) those who are engaged to perform activities which
are usually necessary or desirable in the usual business or trade of the
employer; and (2) those who have rendered at least one year of service,
whether continuous or broken, with respect to the activity in which they are
employed.[27] Simply stated, regular employees are classified into: regular
employees by nature of work; and regular employees by years of
service. The former refers to those employees who perform a particular
activity which is necessary or desirable in the usual business or trade of the
employer, regardless of their length of service; while the latter refers to
those employees who have been performing the job, regardless of the nature
thereof, for at least a year. [28] If the employee has been performing the job
for at least one year, even if the performance is not continuous or merely
intermittent, the law deems the repeated and continuing need for its
performance as sufficient evidence of the necessity, if not indispensability, of
that activity to the business.[29]
We stress herein that the law overrides such conditions which are prejudicial
to the interest of the worker whose weak bargaining position necessitates
the succor of the State.What determines whether a certain employment is
regular or otherwise is not the will or word of the employer, to which the
worker oftentimes acquiesces. Neither is it the procedure of hiring the
employee nor the manner of paying the salary or the actual time spent at
work. It is the character of the activities performed by the employer in
relation to the particular trade or business of the employer, taking into
account all the circumstances, including the length of time of its performance
and its continued existence. Given the attendant circumstances in the case
at bar, it is obvious that one year after he was employed by the respondent,
petitioner became a regular employee by operation of law.[33]
SO ORDERED.
Republic
SUPREME
Manila
of
the
Philippines
COURT
THIRD DIVISION
G.R. No. 170181
Date
of
Employment
Felicito Ibaez
Tireman
7 March 2000
Elmer Gacula
Crane Operator
1992
Enrique Dagotdot
Welder
1995
Aligwas Carolino
Welder
September
1994
Ruel Calda
Warehouseman
26
19963
January
Respondents stated that their tasks were usual and necessary or desirable in
the usual business or trade of HANJIN. Respondents additionally averred that
they were employed as members of a work pool from which HANJIN draws
the workers to be dispatched to its various construction projects; with the
exception of Ruel Calda, who as a warehouseman was required to work in
HANJIN's main office.4 Among the various construction projects to which they
were supposedly assigned, respondents named the North Harbor project in
1992-1994; Manila International Port in 1994-1996; Batangas Port in 19961998; the Batangas Pier, and La Mesa Dam.5
On 15 April 2002, Hanjin dismissed respondents from employment.
Respondents claimed that at the time of their dismissal, HANJIN had several
construction projects that were still in progress, such as Metro Rail Transit
(MRT) II and MRT III, and continued to hire employees to fill the positions
vacated by the respondents.6
Petitioners denied the respondents' allegations. They maintained that
respondents were hired as project employees for the construction of the
LRT/MRT Line 2 Package 2 and 3 Project. HANJIN and respondents purportedly
executed contracts of employment, in which it was clearly stipulated that the
respondents were to be hired as project employees for a period of only three
months, but that the contracts may be renewed, to wit:
Article II
TERM OF AGREEMENT
This Agreement takes effect xxx for the duration of three (3) months and
shall be considered automatically renewed in the absence of any Notice of
Termination by the EMPLOYER to the PROJECT EMPLOYEE. This AGREEMENT
automatically terminates at the completion of the project or any particular
phase thereof,depending upon the progress of the project.7
However, petitioners failed to furnish the Labor Arbiter a copy of said
contracts of employment.
Petitioners asserted that respondents were duly informed of HANJIN's
policies, rules and regulations, as well as the terms of their contracts. Copies
of the employees' rules and regulations were posted on the bulletin boards of
all HANJIN campsite offices.8
Petitioners further emphasized that prior to 15 April 2002, Hak Kon Kim,
HANJIN's Project Director, notified respondents of the company's intention to
reduce its manpower due to the completion of the LRT/MRT Line 2 Package 2
and 3 Project. Respondents were among the project employees who were
thereafter laid off, as shown in the Establishment Termination Report filed by
HANJIN before the Department of Labor and Employment (DOLE) Regional
Office (IV) in Cainta, Rizal on 11 April 2002.9
Finally, petitioners insist that in accordance with the usual practice of the
construction industry, a completion bonus was paid to the respondents. 10 To
support this claim, they offered as evidence payroll records for the period 4
April 2002 to 20 April 2002, with the words "completion bonus" written at the
lower left corner of each page.11
Petitioners attached copies of the Quitclaims, 12 executed by the respondents,
which uniformly stated that the latter received all wages and benefits that
were due them and released HANJIN and its representatives from any claims
in connection with their employment. These Quitclaims also contained
Clearance Certificates which confirmed that the employees concerned were
cleared of all accountabilities at the close of the working hours on 15 April
2002.
In their Reply13 dated 27 August 2002, respondents vehemently refuted
having signed any written contract stating that they were project employees.
The Labor Arbiter found merit in the respondents' complaint and declared
that they were regular employees who had been dismissed without just and
valid causes and without due process. It ruled that HANJIN's allegation that
P 88,020.83
2. Elmer A. Gacula
88,020.83
3. Rizalino De Vera
88,020.83
4. Enrique Dagotdot
88,020.83
5. Carolino Aligwas
88,020.83
6. Ruel Calda
88,020.83
7. Roldan Lanojan
88,020.83
8. Pascual Caranguian
88,020.83
9.
Dalumangcad
Carmelito 88,020.83
Total
P792, 187.47
P 19,500.00
Elmer A. Gacula
71,500.00
Rizaliano De Vera
19,500.00
Enrique Dagotdot
52,000.00
Carolino Aligwas
58,500.00
Ruel Calda
45,500.00
Roldan Lanojan
19,500.00
Pascual Caranguian
26,000.00
Carmelito Dalumangcad
78,000.00
Total
P390,000.00
been determined and made known to the employees at the time of the
employment, are properly treated as project employees and their services
may be lawfully terminated upon the completion of a project. 26Should the
terms of their employment fail to comply with this standard, they cannot be
considered project employees.
In Abesco Construction and Development Corporation v. Ramirez,27 which
also involved a construction company and its workers, this Court considered
it crucial that the employees were informed of their status as project
employees:
The principal test for determining whether employees are "project
employees" or "regular employees" is whether they are assigned to carry out
a specific project or undertaking, the duration and scope of which are
specified at the time they are engaged for that project. Such duration, as
well as the particular work/service to be performed, is defined in an
employment agreement and is made clear to the employees at the time of
hiring.
In this case, petitioners did not have that kind of agreement with
respondents. Neither did they inform respondents of the nature of the latters'
work at the time of hiring. Hence, for failure of petitioners to substantiate
their claim that respondents were project employees, we are constrained to
declare them as regular employees.
In Caramol v. National Labor Relations Commission,28 and later reiterated
in Salinas, Jr. v. National Labor Relations Commission,29 the Court markedly
stressed the importance of the employees' knowing consent to being
engaged as project employees when it clarified that "there is no question
that stipulation on employment contract providing for a fixed period of
employment such as `project-to-project' contract is valid provided the
period was agreed upon knowingly and voluntarily by the parties,
without any force, duress or improper pressure being brought to
bear upon the employee and absent any other circumstances
vitiating his consent x x x."
During the proceedings before the Labor Arbiter, the petitioners' failure to
produce respondents' contracts of employment was already noted, especially
after they alleged in their pleadings the existence of such contracts
stipulating that respondents' employment would only be for the duration of
three months, automatically renewed in the absence of notice, and
terminated at the completion of the project. Respondents denied having
executed such contracts with HANJIN. In their appeal before the NLRC until
the present, petitioners now claim that due to a lapse in management
procedure, no such employment contracts were executed; nonetheless, the
absence of a written contract does not remove respondents from the ambit
of being project employees.30
While the absence of a written contract does not automatically confer regular
status, it has been construed by this Court as a red flag in cases involving
the question of whether the workers concerned are regular or project
employees. In Grandspan Development Corporation v. Bernardo 31 and Audion
Electric Co., Inc. v. National Labor Relations Commission,32 this Court took
note of the fact that the employer was unable to present employment
contracts signed by the workers, which stated the duration of the project. In
another case, Raycor v. Aircontrol Systems, Inc. v. National Labor Relations
Commission,33 this Court refused to give any weight to the employment
contracts offered by the employers as evidence, which contained the
signature of the president and general manager, but not the signatures of
the employees. In cases where this Court ruled that construction workers
justice must be tilted in favor of the latter. 44 For these reasons, respondents
are to be considered regular employees of HANJIN.
Finally, in the instant case, records failed to show that HANJIN afforded
respondents, as regular employees, due process prior to their dismissal,
through the twin requirements of notice and hearing. Respondents were not
served notices informing them of the particular acts for which their dismissal
was sought. Nor were they required to give their side regarding the charges
made against them. Certainly, the respondents' dismissal was not carried out
in accordance with law and was, therefore, illegal.45
IN VIEW OF THE FOREGOING, the instant Petition is DENIED. This
Court AFFIRMS the assailed Decision of the Court of Appeals in CA-G.R. SP
No. 87474, promulgated on 28 July 2005, declaring that the respondents are
regular employees who have been illegally dismissed by Hanjin Heavy
Industries & Construction Company, Limited, and are, therefore, entitled to
full backwages, separation pay, and litigation expenses. Costs against the
petitioners.
SO ORDERED.
THIRD DIVISION
and/or
SUSAN
Petitioners,
Present:
YNARES-SANTIAGO, J.,
- versus -
Chairperson,
AUSTRIA-MARTINEZ,
CHICO-NAZARIO,
NACHURA, and
REYES, JJ.
Promulgated:
Respondents.
x---------------------------------------------------------x
DECISION
AUSTRIA-MARTINEZ, J.:
Before the Court is a Petition for Review on Certiorari under Rule 45 of the
Rules of Court assailing the Decision [1] dated July 30, 2004 of the Court of
Appeals (CA) in CA-G.R. SP No. 78620 which reversed and set aside the
Resolution dated February 27, 2003 of the National Labor Relations
Commission (NLRC) in NLRC Case No. V-000714-2000; and the CA
Resolution[2]dated February 2, 2005 which denied petitioners' Motion for
Reconsideration.
The present controversy stemmed from five individual complaints[3] for illegal
dismissal filed on June 15, 1999 by Federico F. Visca (Visca), Johnny
G. Barredo,
Ronald
Q. Tibus,
Richard
G. Visca and Raffie G. Visca (respondents) against Cocomangas Hotel Beach
Resort and/or its owner-manager, Susan Munro (petitioners) before SubRegional Arbitration Branch No. VI of the National Labor Relations
Commission (NLRC) in Kalibo, Aklan.
tasked with the maintenance and repair of the resort facilities; on May 8,
1999, Maria Nida Iigo-Taala, the Front Desk Officer/Sales Manager, informed
them not to report for work since the ongoing constructions and repairs
would be temporarily suspended because they caused irritation and
annoyance to the resort's guests; as instructed, they did not report for work
the succeeding days; John Munro, husband of petitioner Susan Munro,
subsequently visited respondent foreman Visca and informed him that the
work
suspension
was
due
to
budgetary
constraints;
when
respondent Visca later discovered that four new workers were hired to do
respondents' tasks, he confronted petitioner Munro who explained that
respondents' resumption of work was not possible due to budgetary
constraints; when not less than ten workers were subsequently hired by
petitioners to do repairs in two cottages of the resort and two workers were
retained after the completion without respondents being allowed to resume
work, they filed their individual complaints for illegal dismissal. In addition to
reinstatement with payment of full backwages, respondents prayed for
payment of premium pay for rest day, service incentive leave pay,
13th month pay, and cost-of-living allowance, plus moral and exemplary
damages and attorney's fees.
independent contractor who was called upon from time to time when some
repairs in the resort facilities were needed and the other respondents were
selected and hired by him.
On June 30, 2000, the Labor Arbiter (LA) rendered a Decision [6] dismissing the
complaint, holding that respondent Visca was an independent contractor and
the other respondents were hired by him to help him with his contracted
works at the resort; that there was no illegal dismissal but completion of
projects; that respondents were project workers, not regular employees.
On August 29, 2002, the NLRC rendered a Decision, [8] setting aside the
Decision of the LA and ordering the payment to respondents
of backwages computed from May 8, 1999 to July 31, 2002, 13th month pay
and service incentive leave pay for three years, in addition to 10% attorney's
fees. The dispositive portion of the NLRC Decision reads:
WHEREFORE, the decision dated June 30, 2000 of the Labor Arbiter is
VACATED and SET ASIDE and a new decision rendered declaring the Illegal
Dismissal of the complainant (sic) and ordering respondent Susan Munro to
pay the complainants the following:
1. Federico F. Visca
P 288,816.53
2. Johnny G. Barredo
P 211,058.47
3. Ronald Q. Tibus
P 175,774.00
4. Richard C. Visca
P 200,977.85
5. Raffie C. Visca
P 211,058.47
P1,087,685.32
P 108,768.53
Total Award
P1,196,453.85[9]
Petitioners failed to convince the NLRC that respondent Visca was not an
independent contractor and the other respondents were selected and hired
by him. The NLRC held that respondents were regular employees of
petitioners since all the factors determinative of employer-employee
relationship were present and the work done by respondents was clearly
related to petitioners' resort business. It took into account the following: (a)
respondent Visca was reported by petitioners as an employee in the
Quarterly Social Security System (SSS) report; (b) all of the respondents were
certified to by petitioner Munro as workers and even commended for their
satisfactory performance; (c) respondents were paid their holiday and
overtime pay; and (d) respondents had been continuously in petitioners'
employ from three to twelve years and were all paid by daily wage given
weekly.
On February 27, 2003, the NLRC made a complete turnabout from its original
decision and issued a Resolution[13] dismissing the complaint, holding that
respondents were not regular employees but project employees, hired for a
short period of time to do some repair jobs in petitioners' resort
business. Nonetheless,
it
ordered
payment
of P10,000.00 to
each
complainant as financial assistance.
Respondents then filed a Petition for Certiorari[14] with the CA raising three
issues for resolution: (a) whether or not the respondents were project
employees of petitioners; (b) whether or not the respondents' dismissal from
work was based on valid grounds; (c) whether or not the NLRC had sufficient
basis to overturn its own decision despite its overwhelming findings that
respondents were illegally dismissed.
On July
30,
2004,
the
CA
rendered
[15]
the dispositve portion of which reads:
its
assailed
Decision,
SO ORDERED.[16]
The CA held respondents were regular employees, not project workers, since
in the years that petitioners repeatedly hired respondents' services, the
former failed to set, even once, specific periods when the employment
relationship would be terminated; that the repeated hiring of respondents
established that the services rendered by them were necessary and
desirable to petitioners' resort business; at the least, respondents were
regular seasonal employees, hired depending on the tourist season and
when the need arose in maintaining petitioners' resort for the benefit of
guests.
In addition to the amounts granted by the NLRC in its August 29, 2002
Decision, the CA awarded respondents P50,000.00 as damages, since their
termination was attended by bad faith, in that petitioners not only gave
respondents the run-around but also blatantly hired others to take
respondents' place despite their claim that the so-called temporary stoppage
of work was due to budgetary constraints.
On August 18, 2004, petitioners filed a Motion for Reconsideration, [17] but it
was denied by the CA in a Resolution[18] dated February 2, 2005.
I
THE HONORABLE COURT OF APPEALS ERRED IN GIVING DUE COURSE TO THE
SPECIAL CIVIL ACTION UNDER RULE 65 NOTWITHSTANDING THE FACT THAT
RESPONDENTS HAVE FAILED TO PROVE THE GRAVE ABUSE OF DISCRETION
AMOUNTING TO LACK OR EXCESS OF JURISDICTION THAT WOULD ALLOW THE
NULLIFICATION OF THE ASSAILED RESOLUTION OF THE NATIONAL LABOR
RELATIONS COMMISSION.
II
THE HONORABLE COURT OF APPEALS ERRED IN REVERSING AND SETTING
ASIDE THE RESOLUTION DATED FEBRUARY 27, 2003 AND REINSTATING THE
DECISION DATEDAUGUST 29, 2002 RENDERED BY THE NATIONAL LABOR
RELATIONS COMMISSION.[20]
On the other hand, respondents contend that the issues raised by the
petitioners call for reevaluation of the evidence presented by the parties,
which is not proper in petitions for review under Rule 45 of the Rules of
Court; in any case, they argue that they have amply established that they
are regular employees of petitioners, since their jobs as carpenters, which
include the repairs of furniture, motor boats, cottages and windbreakers, are
not at all foreign to the business of maintaining a beach resort.
The rule is settled that the original and exclusive jurisdiction of this Court to
review a decision of respondent NLRC (or Executive Labor Arbiter as in this
case) in a petition for certiorari under Rule 65 does not normally include an
The CA, therefore, can take cognizance of a petition for certiorari if it finds
that
the
NLRC,
in
its
assailed
decision
or
resolution,
committed grave abuse of discretion by
capriciously,
whimsically,
or
arbitrarily disregarding evidence which is material to or decisive of the
controversy. The CA cannot make this determination without looking into the
evidence presented by the parties. The appellate court needs to evaluate the
materiality or significance of the evidence, which is alleged to have been
capriciously, whimsically, or arbitrarily disregarded
by the NLRC, in relation to all other evidence on record.[23]
[I]n Ong v. People, we ruled that certiorari can be properly resorted to where
the factual findings complained of are not supported by the
evidence on record. Earlier, in Gutib v. Court of Appeals, we emphasized
thus:
[I]t has been said that a wide breadth of discretion is granted a court of
justice in certiorari proceedings. The cases in which certiorari will issue
cannot be defined, because to do so would be to destroy its
comprehensiveness and usefulness. So wide is the discretion of the court
that authority is not wanting to show that certiorari is more discretionary
than either prohibition or mandamus. In the exercise of our superintending
control over inferior courts, we are to be guided by all the circumstances of
each particular case as the ends of justice may require. So it is that the writ
will be granted where necessary to prevent a substantial wrong or
to do substantial justice.
In the review of an NLRC decision through a special civil action for certiorari,
resolution
is
confined
only
to
issues
of
jurisdiction
and grave abuse of discretion on the part of the labor tribunal. Hence, the
In this instance, the Court in the exercise of its equity jurisdiction may look
into the records of the case and re-examine the questioned findings. As a
corollary, this Court is clothed with ample authority to review matters, even if
they are not assigned as errors in their appeal, if it finds that their
consideration is necessary to arrive at a just decision of the
case. The same principles are now necessarily adhered to and are
applied by the Court of Appeals in its expanded jurisdiction over
labor cases elevated through a petition for certiorari; thus, we see no
error on its part when it made anew a factual determination of the matters
and on that basis reversed the ruling of the NLRC.[25] (Emphasis supplied)
In the present case, respondents alleged in its petition with the CA that
the NLRCs conclusions had no basis in fact and in law, in that it totally
disregarded the evidence of the [respondents] and gave credence to the
[petitioners'] asseverations which were in themselves insufficient to overturn
duly established facts and conclusions.[27] Consequently, the CA was correct
in giving due course to the Petition for Certiorari, since respondents drew
attention to the absence of substantial evidence to support
the NLRC's complete turnabout from its original Decision dated August 29,
2002 finding that respondents were regular employees, to its subsequent
Resolution dated February 27, 2003 classifying respondents as project
employees.
The next issue before the Court is whether the CA committed an error in
reversing the NLRC Resolution dated February 27, 2003. The resolution of
this issue principally hinges on the determination of the question whether
respondents are regular or project employees.
The NLRC should not have considered the new theory offered by the
petitioners in their Motion for Reconsideration. As the object of the pleadings
is to draw the lines of battle, so to speak, between the litigants and to
indicate fairly the nature of the claims or defenses of both parties, a party
cannot subsequently take a position contrary to, or inconsistent, with his
pleadings.[32] It is a matter of law that when a party adopts a particular
theory and the case is tried and decided upon that theory in the court below,
he will not be permitted to change his theory on appeal. The case will be
reviewed and decided on that theory and not approached and resolved from
a different point of view. To permit a party to change his theory on appeal will
be unfair to the adverse party.[33]
At any rate, after a careful examination of the records, the Court finds that
the CA did not err in finding that respondents were regular employees, not
project employees. A projectemployee is one whose "employment has been
fixed for a specific project or undertaking, the completion or termination of
which has been determined at the time of the engagement of the employee
or where the work or service to be performed is seasonal in nature and the
employment is for the duration of the season." [34] Before an employee hired
on a per-project basis can be dismissed, a report must be made to the
nearest employment office, of the termination of the services of the workers
every time completes a project, pursuant to Policy Instruction No. 20.[35]
The Court notes that the NLRC, in its earlier Decision dated August 29,
2002 which
was
affirmed
by
the
CA,
computed
the
award
for backwages from May 8, 1999 to July 31, 2002 only.It is evident that
respondents backwages should
not
be
limited
to
said
period. The backwages due respondents must be computed from the time
they were unjustly dismissed until actualreinstatement to their former
positions. Thus, until petitioners implement the reinstatement aspect, its
obligation to respondents, insofar as accrued backwages and other benefits
are concerned, continues to accumulate.
The fact that the CA failed to consider this when it affirmed the August 29,
2002 decision of the NLRC or that respondents themselves did not appeal the
CA Decision on this matter, does not bar this Court from ordering its
modification. While as a general rule, a party who has not appealed is not
entitled to affirmative relief other than the ones granted in the decision of
the court below, this Court is imbued with sufficient authority and discretion
to review matters, not otherwise assigned as errors on appeal, if it finds that
their consideration is necessary in arriving at a complete and just resolution
of the case or to serve the interests of justice or to avoid dispensing
piecemeal justice.[45]
Besides, substantive rights like the award of backwages resulting from illegal
dismissal must not be prejudiced by a rigid and technical application of the
rules.[46] The computation of the award for backwages from the time
compensation was withheld up to the time of actual reinstatement is a mere
legal consequence of the finding that respondents were illegally dismissed by
petitioners.
WHEREFORE, the petition is DENIED. The assailed Decision dated July 30,
2004 and Resolution dated February 2, 2005 of the Court of Appeals in CAG.R. SP No. 78620 areAFFIRMED with MODIFICATION that the award
for backwages should be computed from the time compensation was
withheld up to the time of actual reinstatement.
Double costs against petitioners.
SO ORDERED.
THIRD DIVISION
[G.R. No. 149440. January 28, 2003]
HACIENDA FATIMA and/or PATRICIO VILLEGAS, ALFONSO VILLEGAS
and CRISTINE SEGURA, petitioners, vs. NATIONAL FEDERATION OF
SUGARCANE WORKERS-FOOD AND GENERAL TRADE, respondents.
DECISION
PANGANIBAN, J.:
Although the employers have shown that respondents performed work that
was seasonal in nature, they failed to prove that the latter worked only for
the duration of one particular season. In fact, petitioners do not deny that
these workers have served them for several years already. Hence, they are
regular -- not seasonal -- employees.
The Case
Before the Court is a Petition for Review under Rule 45 of the Rules of Court,
seeking to set aside the February 20, 2001 Decision of the Court of
Appeals[1] (CA) in CA-GR SP No. 51033. The dispositive part of the Decision
reads:
WHEREFORE, premises considered,
for certiorari is hereby DENIED. [2]
the
instant
special
civil
action
elections, respondents under the pretext that the result was on appeal,
refused to sit down with the union for the purpose of entering into a
collective
bargaining
agreement. Moreover,
the
workers
including
complainants herein were not given work for more than one month. In
protest, complainants staged a strike which was however settled upon the
signing of a Memorandum of Agreement which stipulated among others that:
a) The parties will initially meet for CBA negotiations on the 11th day of
January 1991 and will endeavor to conclude the same within thirty (30) days.
b) The management will give priority to the women workers who are
members of the union in case work relative x x x or amount[ing] to gahit and
[dipol] arises.
c) Ariston Eruela Jr. will be given back his normal work load which is six (6)
days in a week.
d) The management will provide fifteen (15) wagons for the workers and that
existing workforce prior to the actual strike will be given priority. However, in
case the said workforce would not be enough, the management can hire
additional workers to supplement them.
e) The management will not anymore allow the scabs, numbering about
eighteen (18) workers[,] to work in the hacienda; and
f) The union will immediately lift the picket upon signing of this agreement.
However, alleging that complainants failed to load the fifteen wagons,
respondents reneged on its commitment to sit down and bargain
collectively. Instead, respondent employed all means including the use of
private armed guards to prevent the organizers from entering the premises.
Moreover, starting September 1991, respondents did not any more give work
assignments to the complainants forcing the union to stage a strike on
January 2, 1992. But due to the conciliation efforts by the DOLE, another
Memorandum of Agreement was signed by the complainants and
respondents which provides:
Whereas the union staged a strike against management on January 2, 1992
grounded on the dismissal of the union officials and members;
Whereas parties to the present dispute agree to settle the case amicably
once and for all;
Now therefore, in the interest of both labor and management, parties herein
agree as follows:
1. That the list of the names of affected union members hereto attached and
made part of this agreement shall be referred to the Hacienda payroll of
1990 and determine whether or not this concerned Union members are
hacienda workers;
2. That in addition to the payroll of 1990 as reference, herein parties will use
as guide the subjects of a Memorandum of Agreement entered into by and
between the parties last January 4, 1990;
3. That herein parties can use other employment references in support of
their respective claims whether or not any or all of the listed 36 union
members are employees or hacienda workers or not as the case may be;
4. That in case conflict or disagreement arises in the determination of the
status of the particular hacienda workers subject of this agreement herein
parties further agree to submit the same to voluntary arbitration;
such cause for the dismissal of respondents who, as discussed above, are
regular employees.
Second Issue:
Unfair Labor Practice
The NLRC also found herein petitioners guilty of unfair labor practice. It ruled
as follows:
Indeed, from respondents refusal to bargain, to their acts of economic
inducements resulting in the promotion of those who withdrew from the
union, the use of armed guards to prevent the organizers to come in, and the
dismissal of union officials and members, one cannot but conclude that
respondents did not want a union in their haciendaa clear interference in the
right of the workers to self-organization.[17]
We uphold the CAs affirmation of the above findings. Indeed, factual findings
of labor officials, who are deemed to have acquired expertise in matters
within their respective jurisdictions, are generally accorded not only respect
but even finality. Their findings are binding on the Supreme Court.[18] Verily,
their conclusions are accorded great weight upon appeal, especially when
supported by substantial evidence.[19] Consequently, the Court is not dutybound to delve into the accuracy of their factual findings, in the absence of a
clear showing that these were arbitrary and bereft of any rational basis.[20]
The finding of unfair labor practice done in bad faith carries with it the
sanction of moral and exemplary damages.[21]
WHEREFORE,
the
Petition
is
hereby DENIED and
Decision AFFIRMED. Costs against petitioners.
the
assailed
SO ORDERED.
Republic
SUPREME
Manila
of
the
Philippines
COURT
SECOND DIVISION
G.R. No. 79869 September 5, 1991
FORTUNATO
MERCADO,
SR.,
ROSA
MERCADO,
FORTUNATO
MERCADO, JR., ANTONIO MERCADO, JOSE CABRAL, LUCIA MERCADO,
ASUNCION GUEVARA, ANITA MERCADO, MARINA MERCADO, JULIANA
CABRAL, GUADALUPE PAGUIO, BRIGIDA ALCANTARA, EMERLITA
MERCADO, ROMEO GUEVARA, ROMEO MERCADO and LEON
SANTILLAN, petitioners,
vs.
NATIONAL LABOR RELATIONS COMMISSION (NLRC), THIRD DIVISION;
LABOR ARBITER LUCIANO AQUINO, RAB-III; AURORA L. CRUZ;
SPOUSES FRANCISCO DE BORJA and LETICIA DE BORJA; and STO.
NIO REALTY, INCORPORATED, respondents.
PADILLA, J.:p
Assailed in this petition for certiorari is the decision * of the respondent
national Labor Relations Commission (NLRC) dated 8 August 1984 which
affirmed the decision of respondent Labor Arbiter Luciano P. Aquino with the
slight modification of deleting the award of financial assistance to
petitioners, and the resolution of the respondent NLRC dated 17 August
1987, denying petitioners' motion for reconsideration.
This petition originated from a complaint for illegal dismissal, underpayment
of wages, non-payment of overtime pay, holiday pay, service incentive leave
benefits, emergency cost of living allowances and 13th month pay, filed by
above-named petitioners against private respondents Aurora L. Cruz,
Francisco Borja, Leticia C. Borja and Sto. Nio Realty Incorporated, with
Regional Arbitration Branch No. III, National Labor Relations Commission in
San Fernando, Pampanga. 1
Petitioners alleged in their complaint that they were agricultural workers
utilized by private respondents in all the agricultural phases of work on the 7
1/2 hectares of ace land and 10 hectares of sugar land owned by the latter;
that Fortunato Mercado, Sr. and Leon Santillan worked in the farm of private
respondents since 1949, Fortunato Mercado, Jr. and Antonio Mercado since
1972 and the rest of the petitioners since 1960 up to April 1979, when they
were all allegedly dismissed from their employment; and that, during the
period of their employment, petitioners received the following daily wages:
From
1963-1965
1965-1967
1967-1970
1970-1973
1973-1975
1975-1978
1978-1979 P7.00
1962-1963
P1.50
P2.00
P3.00
P4.00
P5.00
P5.00
P6.00
conditions of their hiring reveal that they were required to perform phases of
agricultural work for a definite period of time after which their services would
be available to any other farm owner. 4 Respondent Labor Arbiter deemed
petitioners' contention of working twelve (12) hours a day the whole year
round in the farm, an exaggeration, for the reason that the planting of lice
and sugar cane does not entail a whole year as reported in the findings of
the Chief of the NLRC Special Task Force. 5 Even the sworn statement of one
of the petitioners, Fortunato Mercado, Jr., the son of spouses Fortunato
Mercado, Sr. and Rosa Mercado, indubitably show that said petitioners were
hired only as casuals, on an "on and off" basis, thus, it was within the
prerogative of private respondent Aurora Cruz either to take in the
petitioners to do further work or not after any single phase of agricultural
work had been completed by them. 6
Respondent Labor Arbiter was also of the opinion that the real cause which
triggered the filing of the complaint by the petitioners who are related to one
another, either by consanguinity or affinity, was the filing of a criminal
complaint for theft against Reynaldo Mercado, son of spouses Fortunate
Mercado, Sr. and Rosa Mercado, for they even asked the help of Jesus David,
Zone Chairman of the locality to talk to private respondent, Aurora Cruz
regarding said criminal case. 7 In his affidavit, Jesus David stated under oath
that petitioners were never regularly employed by private respondent Aurora
Cruz but were, on-and-off hired to work and render services when needed,
thus adding further support to the conclusion that petitioners were not
regular and permanent employees of private respondent Aurora Cruz. 8
Respondent Labor Arbiter further held that only money claims from years
1976-1977, 1977-1978 and 1978-1979 may be properly considered since all
the other money claims have prescribed for having accrued beyond the three
(3) year period prescribed by law. 9 On grounds of equity, however,
respondent Labor Arbiter awarded petitioners financial assistance by private
respondent Aurora Cruz, in the amount of Ten Thousand Pesos (P10,000.00)
to be equitably divided among an the petitioners except petitioner Fortunato
Mercado, Jr. who had manifested his disinterest in the further prosecution of
his complaint against private respondent. 10
Both parties filed their appeal with the National Labor Relations Commissions
(NLRC). Petitioners questioned respondent Labor Arbiter's finding that they
were not regular and permanent employees of private respondent Aurora
Cruz while private respondents questioned the award of financial assistance
granted by respondent Labor Arbiter.
The NLRC ruled in favor of private respondents affirming the decision of the
respondent Labor Arbiter, with the modification of the deletion of the award
for financial assistance to petitioners. The dispositive portion of the decision
of the NLRC reads:
WHEREFORE, the Decision of Labor Arbiter Luciano P. Aquino dated March 3,
1983 is hereby modified in that the award of P10,000.00 financial assistance
should be deleted. The said Decision is affirmed in all other aspects.
SO ORDERED.
11
conditions of their hiring, for said findings are contrary to the provisions of
Article 280 of the Labor Code. 13 They submit that petitioners' employment,
even assuming said employment were seasonal, continued for so many
years such that, by express provision of Article 280 of the Labor Code as
amended, petitioners have become regular and permanent employees. 14
Moreover, they argue that Policy Instruction No. 12 15 of the Department of
Labor and Employment clearly lends support to this contention, when it
states:
PD 830 has defined the concept of regular and casual employment. What
determines regularity or casualness is not the employment contract, written
or otherwise, but the nature of the job. If the job is usually necessary or
desirable to the main business of the employer, then employment is regular.
If not, then the employment is casual. Employment for a definite period
which exceeds one (1) year shall be considered re for the duration of the
definite period.
This concept of re and casual employment is designed to put an end to
casual employment in regular jobs which has been abused by many
employers to prevent so-called casuals from enjoying the benefits of regular
employees or to prevent casuals from joining unions.
This new concept should be strictly enforced to give meaning to the
constitutional guarantee of employment tenure. 16
Tested under the laws invoked, petitioners submit that it would be unjust, if
not unlawful, to consider them as casual workers since they have been doing
all phases of agricultural work for so many years, activities which are
undeniably necessary, desirable and indispensable in the rice and sugar
cane production business of the private respondents. 17
In the Comment filed by private respondents, they submit that the decision
of the Labor Arbiter, as aimed by respondent NLRC, that petitioners were
only hired as casuals, is based on solid evidence presented by the parties
and also by the Chief of the Special Task Force of the NLRC Regional Office
and, therefore, in accordance with the rule on findings of fact of
administrative
agencies,
the
decision
should
be
given
great
18
weight. Furthermore, they contend that the arguments used by petitioners
in questioning the decision of the Labor Arbiter were based on matters which
were not offered as evidence in the case heard before the regional office of
the then Ministry of Labor but rather in the case before the Social Security
Commission, also between the same parties. 19
Public respondent NLRC filed a separate comment prepared by the Solicitor
General. It submits that it has long been settled that findings of fact of
administrative agencies if supported by substantial evidence are entitled to
great weight. 20 Moreover, it argues that petitioners cannot be deemed to be
permanent and regular employees since they fall under the exception stated
in Article 280 of the Labor Code, which reads:
The provisions of written agreements to the contrary notwithstanding and
regardless of the oral agreements of the parties, an employment shall be
deemed to be regular where the employee has been engaged to perform
activities which are usually necessary or desirable in the usual business or
trade of the employer, except where the employment has been fixed for a
specific project or undertaking the completion or termination of which has
been determined at the time of the engagement of the employee or where
the work or services to be performed is seasonal in nature and the
employment is for the duration of the season. 21 (emphasis supplied)
The Court resolved to give due course to the petition and required the
parties to submit their respective memoranda after which the case was
deemed submitted for decision.
The petition is not impressed with merit.
The invariable rule set by the Court in reviewing administrative decisions of
the Executive Branch of the Government is that the findings of fact made
therein are respected, so long as they are supported by substantial evidence,
even if not overwhelming or preponderant; 22 that it is not for the reviewing
court to weigh the conflicting evidence, determine the credibility of the
witnesses or otherwise substitute its own judgment for that of the
administrative agency on the sufficiency of the evidence; 23 that the
administrative decision in matters within the executive's jurisdiction can only
be set aside upon proof of gross abuse of discretion, fraud, or error of law. 24
The questioned decision of the Labor Arbiter reads:
Focusing the spotlight of judicious scrutiny on the evidence on record and
the arguments of both parties, it is our well-discerned opinion that the
petitioners are not regular and permanent workers of the respondents. The
very nature of the terms and conditions of their hiring reveal that the
petitioners were required to perform p of cultural work for a definite period,
after which their services are available to any farm owner. We cannot share
the arguments of the petitioners that they worked continuously the whole
year round for twelve hours a day. This, we feel, is an exaggeration which
does not deserve any serious consideration inasmuch as the plan of rice and
sugar cane does not entail a whole year operation, the area in question
being comparatively small. It is noteworthy that the findings of the Chief of
the Special Task Force of the Regional Office are similar to this.
In fact, the sworn statement of one of the petitioners Fortunato Mercado, Jr.,
the son of spouses Fortunato Mercado, Sr. and Rosa Mercado, indubitably
shows that said petitioners were only hired as casuals, on-and-off basis. With
this kind of relationship between the petitioners and the respondent Aurora
Cruz, we feel that there is no basis in law upon which the claims of the
petitioners should be sustained, more specially their complaint for illegal
dismissal. It is within the prerogative of respondent Aurora Cruz either to
take in the petitioners to do further work or not after any single phase of
agricultural work has been completed by them. We are of the opinion that
the real cause which triggered the filing of this complaint by the petitioners
who are related to one another, either by consanguinity or affinity was due to
the filing of a criminal complaint by the respondent Aurora Cruz against
Reynaldo Mercado, son of spouses Fortunato Mercado, Sr. and Rosa Mercado.
In April 1979, according to Jesus David, Zone Chairman of the locality where
the petitioners and respondent reside, petitioner Fortunato Mercado, Sr.
asked for help regarding the case of his son, Reynaldo, to talk with
respondent Aurora Cruz and the said Zone Chairman also stated under oath
that the petitioners were never regularly employed by respondent Aurora
Cruz but were on-and-off hired to work to render services when needed. 25
A careful examination of the foregoing statements reveals that the findings
of the Labor Arbiter in the case are ably supported by evidence. There is,
therefore, no circumstance that would warrant a reversal of the questioned
decision of the Labor Arbiter as affirmed by the National Labor Relations
Commission.
The contention of petitioners that the second paragraph of Article 280 of the
Labor Code should have been applied in their case presents an opportunity
to clarify the afore-mentioned provision of law.
SECOND DIVISION
[G.R. No. 118475. November 29, 2000]
ELVIRA ABASOLO, ANTONIO ABAY, PURIFICACION ABAY, CATALINA
ABELLERA, DANIEL ABELLERA, ELSIE ABELLERA, LOURDES ADUSE,
PACITA ALAMAN, REYNALDO ALBAY, ROGELIO ALBAY, EMERITA ALCOY,
ERLINDA ALEGRE, CORAZON ALOOT, IMELDA ALOOT, ROWENA ALOOT,
SHIRLEY JULIANA ALOOT, ADORACION ANTALAN, ESTRELLA ANTOLIN,
EPIFANIA ANTONIO, CARMELITA AQUINO, CECENIA ASPIRAS,
EMILIANA ASPIRAS, ANA BELEN ASPREC, MELENCIO ASPURIA,
ILUMINADA ASTRO, CARMELITA ASUNCION, FLORENTINA AVENA,
EMILIA BACQUIL, GLORIA BAGALAN, BENJAMIN BALANAG, CLARITA
BALANAG, CONSUELO BALANAG, DOLORES BALANAG, CANDIDA
BALANGA, CLARITA BALANGA, FRANCISCA BALANGA, CORAZON
BALANGUE, MILDRED BALANGUE, ERLINDA BALDERAS, MANUEL
BALLESIL, ERLINDA BAMBAO, ROSEMARIE BASIO, AMALIA BATARIO,
CONCHITA BATARIO, CORAZON BATARIO, ERLINDA BATARIO, GLORIA
BATARIO, PEDRO BATARIO, JR., REBECCA BATARIO, PERLA BAUTISTA,
SHIRLEY
BAUTISTA,
ANGELISA
BAYANI,
MORGAN
BEGALAN,
FRANCISCA BERBON, BERNARD VISITACION, EVELYN BIASON,
VERONICA BLANDO, UFENIA BLANZA, AMBROSIA BOADO, CARLOS
BOADO, LOLITA BORJE, MARILOU BUNGAY, RODRIGO BURGOS,
AMELITA CABALBAG, ERNESTO CABALBAG, ELVIRA CABUGON,
JOSEFINA CACANINDIN, CORAZON CACAYARA, JAIME CACHERO,
JULIET CALLANO, ANDRES CALUZA, TERESITA CALUZA, ISABEL
COMADRO, EDITA CARBONEL, LOLITA CARILLA, BIENVENIDA CARINO,
DELIA CARINO, LOLITA CARINO, AMARIO CARREON, ARMELINDA
CARREON, ERLINDA CARREON, FECIDAD CARREON, JOSE CARREON,
MA. VICTORIA CARREON, BENJAMIN CASALLO, DEMETRIA CASEM,
ALBERTO CASIM, GLORIA CASIM, FLORIDA CATUNGAL, ESTER
CAVINTA, REMEDIOS CAVINTA, ROSALINDA CAVINTA, JULITA
CAYABYAB, IRENE CELESTE CARMELITA CHAN, ESMENIA CORDERO,
LYDIA CORPUZ, JOVA CORTEZ, NORA CORTEZ, MAGDALENA CUDAL,
GENOVA DACANAY, SABINA BACLAN, CORAZON DANAO, ELISA
DASALLA, AGNES BIBIANA DE CASTRO, ANITA DE CASTRO, EDITHA
DE CASTRO, NIDA DE CASTRO, CORAZON DE JESUS, JOSE DE JESUS,
MERLA DE JESUS, MILAGROS DE VERA, APOLINARIO DOLATRE,
Petitioners appealed[11] then the decision of the Labor Arbiter to the public
respondent NLRC where it was assigned to the Third Division.
In its Opposition to Appeal[12] dated February 5, 1994 private respondent
LUTORCO presented new allegations and a different stand for denying
separation pay. It alleged that LUTORCO never ceased to operate but
continues to operate even after TABACALERA took over the operations of its
redrying plaint in Aringay, La Union. Petitioners were not terminated from
employment but petitioners instead refused to work with TABACALERA,
despite the notice to petitioners to return to work in view of LUTORCOs need
for workers at its Agoo plant which had approximately 300,000 kilos of
Virginia tobacco for processing and redrying. Furthermore, petitioners are not
entitled to separation pay because petitioners are seasonal workers.
Adopting these arguments of private respondent, the NLRC, in a
Resolution[13] dated July 6, 1994, affirmed the dismissal of the consolidated
complaints for separation pay. Public respondent held that petitioners are not
entitled to the protection of Article 283 of the Labor Code providing for
separation pay since there was no closure of establishment or termination of
services to speak of. It declared that there was no dismissal but a non-hiring
due mainly to [petitioners] own volition.[14] Moreover, the benefits of Article
283 of the Labor Code apply only to regular employees, not seasonal workers
like petitioners.[15] Inasmuch as public respondent in its Resolution [16] dated
September 23, 1994 denied petitioners motion for reconsideration,
petitioners now assail the correctness of the NLRCs resolution via the instant
petition.
Petitioners anchor their petition on the following grounds, to wit:
I. PUBLIC RESPONDENT NLRC COMMITTED GRAVE ABUSE OF
DISCRETION AMOUNTING TO EXCESS OR LACK OF JURISDICTION IN
RULING THAT THERE WAS NO DISMISSAL OR TERMINATION OF
SERVICES.
II. PUBLIC RESPONDENT NLRC COMMITTED GRAVE ABUSE OF
DISCRETION AMOUNTING TO EXCESS OR LACK OF JURISDICTION IN
RULING THAT PETITIONERS WERE NOT REGULAR EMPLOYEES.
III. PUBLIC RESPONDENT NLRC COMMITTED GRAVE ABUSE OF
DISCRETION AMOUNTING TO EXCESS OR LACK OF JURISDICTION IN
NOT AWARDING SEPARATION PAY TO THE PETITIONERS.
Petitioners vigorously maintain that they are regular workers of respondent
LUTORCO since they worked continuously for many years with LUTORCO,
some of them even for over 20 years, and that they performed functions
necessary and desirable in the usual business of LUTORCO. [17] According to
them, the fact that some of them work only during the tobacco season does
not affect their status as regular workers since they have been repeatedly
called back to work for every season, year after year. [18] Thus, petitioners
take exception to the factual findings and conclusions of the NLRC, stressing
that the conclusions of the NLRC were based solely on the new theory
advanced by private respondent LUTORCO only on appeal, that is, that it was
only LUTORCOs tobacco re-drying operation that was sold, and hence,
diametrically opposed to its theory before the Labor Arbiter, i.e., that it is the
entire company (LUTORCO) itself that was sold.
Private respondent LUTORCO, on the other hand, insists that petitioners
employment was not terminated; that it never ceased to operate, and that it
was petitioners themselves who severed their employer-employee
relationship when they chose employment with TABACALERA because
petitioners found more stability working with TABACALERA than with
one-half (1/2) their respective average monthly pay during the last season
they worked multiplied by the number of years they actually rendered
service, provided that they worked for at least six months during a given
year.
Thus, in the said case, the employees were awarded separation pay
equivalent to one (1) month, or to one-half (1/2) month pay for every year
they rendered service, whichever is higher, provided they rendered service
for at least six (6) months in a given year. As explained in the text of the
decision in the said case, month pay shall be understood as average monthly
pay during the last season they worked. [32] An award of ten percent (10%) of
the total amount due petitioners as attorneys fees is legally and morally
justifiable under Art. 111 of the Labor Code, [33] Sec. 8, Rule VIII, Book III of its
Implementing Rules,[34] and par. 7, Art. 2208[35] of the Civil Code.[36]
WHEREFORE, the petition is hereby GRANTED, and the assailed Resolutions
dated July 6, 1994 and September 23, 1994 of public respondent NLRC are
REVERSED and SET ASIDE. Private respondent La Union Tobacco Redrying
Corporation is ORDERED: (a) to pay petitioners separation pay equivalent to
one (1) month, or one-half (1/2) month pay for each year that they rendered
service, whichever is higher, provided that they rendered service for at least
six (6) months in a given year, and; (b) to pay ten percent (10%) of the total
amount due to petitioners, as and for attorneys fees. Consequently, public
respondent NLRC is ORDERED to COMPUTE the total amount of separation
pay which each petitioner who has rendered service to private respondent
LUTORCO for at least six (6) months in a given year is entitled to receive in
accordance with this decision, and to submit its compliance thereon within
forty-five (45) days from notice of this decision.
SO ORDERED.
Republic
SUPREME
Manila
of
the
Philippines
COURT
EN BANC
G.R. No. L-9569
RAMON
vs.
LUCAS
RILLORAZA
and
COMMISSION, respondents.
CARO, petitioner,
WORKMEN'S
Ramon
S.
Ereneta
for
Sabino Padilla Romero for respondent Lucas Rilloraza.
COMPENSATION
petitioner.
CONCEPCION, J.:
Petitioner Ramon Castro seeks a review, by writ of certiorari, of a decision of
the Workmen's Compensation Commission, which affirmed that of a referee
thereof, sentencing said petitioner to pay the sum of P723.34 to respondent
Lucas Rilloraza, by way of compensation for an injury suffered by the latter,
in addition to the fees of said Commission.
pursuant to see Exhibit A. In the light of these facts, we fail to see the how
De la Cruz could possibly be regarded an "independent" contractor. Indeed,
there is nothing to indicate that he could pay the compensation prescribed in
Republic Act 772.
Upon the other hand, the reference made therein, and in the decisions on
this subject, to "independent" contractors, shows already that such status
was not meant to be given to every contractor and that the party relying
upon said status must establish to the satisfaction of the Court the conditions
essential therefore. The mere introduction of Exhibit A, 2 without even the
testimony of De la Cruz,3 and without any affirmative evidence to the effect
that it was he, acting in his own name and behalf, who engaged the services
of Rilloraza, is far from sufficient to prove that De la Cruz was an
independent contractor, pursuant to the accepted standards thereon. Under
these conditions, a decision in favor of petitioner herein would, in effect, set
at naught and completely nullify the provisions of the Workmen's
Compensation Act, inasmuch as the door would, thereby be left wide open
for the effective circumvention, and evasion of the responsibility therein
created by the expedient of engaging the services of an indigent and
irresponsible intermediary willing to relieve the employer from his liability
under said Act.
It is well settled that the same "should be interpreted so as to accomplish not
defeat the purpose for which it was enacted by the Legislature." 4 that it "is a
social legislation designed to give relief to the workman who has been a
victim of an accident in the pursuit of his employment," 5 and that it should
be construed "fairly, reasonably or liberally in favor of and for the benefit of
their dependents and all doubts as to right to compensation resolved in their
favor and all presumptions indulged in their favor."6 In fact, the Workmen's
Compensation Act7 specifically provides that "in any proceeding for the
enforcement of the claim for compensation" under the provisions thereof, "it
shall be presumed in the absence of substantial evidence to the contrary
1. That the claim comes within the provisions of this Act;"
Again, subdivisions (a) and (b) of section 39 of the Workmen's Compensation
Act are explicit on the conditions essential to be exempt from responsibility
under section 2 of said Act, namely: (1) the employment must be "purely
casual" and, in addition thereto, (2) said employment must "not be for the
purposes of the occupation or business of the employee."
. . . When the law makes the owner of the factory the employer of the
laborers employed therein notwithstanding the intervention of an
independent contractor, it refers to laborers engaged in carrying on the usual
business of the factory, and not to the laborers of an independent contractor
doing work separate and distinct from the usual business of the owner of the
factory. (The Law Governing Labor Disputes in the Philippines, by Vicente J.
Francisco [2nd Ed.], p. 812; emphasis supplied.)1wphl.nt
"Employment is 'casual' when it is irregular, unpredictable, sporadic and brief
in nature. Under most statutes; even if casual, it is not exempt unless it is
also outside the business of the employer. Under this test, most maintenance
and repair activities, as well as even remodelling and incidental construction,
have been held to be within the usual course of a business." (Larson's
Workmen's Compensation Law, Vol. 1, p. 759; emphasis supplied.).
Accordingly, in Mansal vs. P. P. Gocheco Lumber Co., 96 Phil., 941 (April
30,1935), we held that a laborer, who had been injured while stacking
lumber in a lumber yard belonging to the defendant company, was entitled
to compensation from the latter, although he had been employed by a
There are few words more current in our speech than the word 'business';
few that included a a greater variety of subject, and yet none which in
popular speech, has greater or more marked singleness in denotement.
When one's business is the subject of common speech, no one can be in
doubt as to the reference. It would be a very exceptional person we do not
know how to otherwise describe him-who would not understand that the
reference is to the habitual or regular occupation that the party is engaged
in, with a view to winning a livelihood or some again. (Vol. I, pp. 738-739;
emphasis supplied.)
This view is borne out by the fact that the term "employee" as used in our
Workmen's Compensation Act, "does not include a person whose
employment is purely casual and is not for the purposes of
the occupation orbusiness of the employer." In other words, within the
purview of the terms "employer" and "employee", as defined and used in
said Act, "business' is synonymous with "occupation", or the means by which
a party, habitually or regularly earns a "livelihood or some gain."
. . . The owner of a building who entered it for income purposes, and
maintained the building in repair for that purpose, was liable to an employee
of a contractor repairing the building, as maintenance of the building was
considered "part of the owner's business. (Davis vs. Industrial Com. 297 III29,
130 N. E. 333; emphasis supplied.)
. . . where the home owner rents out the second floor, he is engaged in a
business for a pecuniary profit and hence liable for injuries sustained by
claimant who fell from a scaffold which had been set up to rebuild a chimney
on the house. (Reibold vs. Doll, 283 App Div. 750,128 N. Y. S. 2d 45 [1954];
emphasis supplied.)
. . . it has been held that the work of taking up carpets or mattings, and of
cleaning walls, transons, and curtains is a necessary part of the business of
keeping the rooms and hallways of a lodging house in a state of cleanliness
and good order, so that an employee injured while engaged in that work, is
in the usual course of the trade, business, profession or occupation of the
employer who conducted the lodging house. (23 R. C. L. Sec. 62, p.769;)
emphasis supplied.1wphl.nt
In fact, petitioner herein impliedly admitted 9 and the writer of the dissenting
opinion explicitly conceded, during, our deliberations, that the liability of said
petitioner would be incontestable had he directly engaged the services of
respondent Rilloraza. Said liability could not possibly exist had those
services, which were seemingly casual, not been given "for the purposes of
the occupation or business of the employer."10
The case of the Philippine Manufacturing Co. vs. Geronimo (L-6968), 11 relied
upon in the dissent, is not in point, for the following reasons, namely:
1. The work of painting a water tank,12 during which the injury involved
therein was sustained, had been undertaken by one Garcia, who "used to
engage in painting contracts,"13 under conditions giving Garcia the status of
an "independent" contractor,14 which De la Cruz does not have in the present
case.
2. The Philippine Manufacturing Co. was engaged in the business of the
manufacture of soap, vegetable lard, cooking oil and margarine, not of
painting any water tank.15 But, when one's business is to let houses for
income purposes, the repair, maintenance and painting thereof, with a view
to attracting or keeping tenants and of inducing them to pay a good or
increased rental is, most certainly, part of said business.
Thus, for instance, in De los Santos vs. Javier (supra) the defendant, who
intended to buy and sell hogs and establish a plant for curing ham, entered
into a contract with one Esquillo for the construction by the latter of a corral
for hogs and an office for the persons in charge of the corral. While working
on said construction, in which Javier had no direct intervention, De los
Santos, a laborer engaged by Esquillo, accidentally sustained injuries which
caused his death. This Court held that Javier was not bound to pay
compensation therefor, the laborer not being his employee, inasmuch as the
business which Javier "was going to establish was that of buying and selling
hogs and curing ham." He "was not a building contractor , and it was not part
of his business to construct buildings." We added, however, that "if the
defendant had made a contract with Esquillo to take the hogs from the corral
to the slaughter houses, and the deceased as one of the employees of
Esquillo had been fatally injured while engaged in that work, the defendant
would have been liable to the heirs of the deceased, although Esquillo was
an independent contractor and the deceased his employee."16 1wphl.nt
Wherefore, the decision appealed from is hereby affirmed, with costs against
the petitioner. It is so ordered.
Paras, C. J., Bengzon, Reyes, J. B. L., and Endencia, JJ., concur.
xxx
xxx
connection with the latter's contract to repair the house at 1049 R. Hidalgo,
Quiapo, Manila, meaning that De la Cruz was a contractor.
But let us pass over this failure of Rilloraza to show that he was an employee
of Caro, and as already said, the seemingly affirmative proof that his real
employer was De la Cruz, and analyze the relationship between Caro on one
side and De la Cruz on the other. Judging from the four exhibits (Exhibits A,
B, C, and D), quoted in the majority decision, the same covered different and
separate phases of the entire repair work on the house in question,
undertaken by De la Cruz. True, the last three exhibits bear dates subsequent
to the occurrence of the accident that befell Rilloraza, although Exhibit A
bears a date that is three months prior to the accident. Anyway, these four
exhibits which are agreements or contracts between De la Cruz and Caro
show the same pattern as to the role assumed and played by De la Cruz in
the repair work on the house, for which repair work, according to the
testimony of Rilloraza, he (Rilloraza) was engaged and hire, supervised and
paid by De la Cruz. For each one of these repair jobs, De la Cruz was to be
paid a fixed amount (P300, P130, P300, and P70), the job to be done not only
by De la Cruz himself, but by his own men, and to be finished within a certain
period. In each and all of said agreements, De la Cruz held himself
responsible for any injury suffered by his men. The relationship of employer
and independent contractor, to me cannot be any clearer. Caro, as
administrator and in of the house of his wife, wanted some repair work done
on it. Although a businessman, his business knowledge and ability and
training were apparently confined to the manufacture of automobile
batteries and the sale of cars, and did not extend to house construction or
repair. Not knowing who are good and efficient carpenters, who are careful
and not negligent about their personal safety, he decided to do the work by
contract, and he engaged De la Cruz to do the work within a certain period
and for a certain price.
But the Referee and the majority opinion say that De la Cruz was not an
independent contractor, simply because he had no capital or money of his
own to pay his carpenters and laborers, and because he filed no bond. I am
afraid that this alleged lack of capital, and the supposed financial inability of
Dela Cruz to pay his men from his own funds, is merely a conclusion drawn
from the fact that he was only a modest and small time contractor
(contratista) and was presumably paid by Caro weekly or periodically for the
work being done by him. But this seems to be a well established practice
among, independent contractors, to be paid either periodically, or as the
construction or repair work progresses, according to the amount of work
done, this, not exactly to enable the contractor to pay his men, because
some contractors have their own capital and ready cash, but rather for the
contractor to be on the safe side and guard against failure or refusal of the
owner or employer to pay full price of the contract after the work is
completed.
As regards the filing of a bond by a contractor, that is not always done. In a
big contract involving thousands or hundreds of thousands of pesos, such is
the construction of a bridge, school building, a factory or a commercial
house, with elaborate specifications, specially where the time element is
important, the contractor is almost invariably required to file a bond so that
he should abandon the work when it is only partly finished, or fail to strictly
follow the specifications, the owner of the bridge or school building such as
the Government, or the private owner of the factory or commercial house,
may be amply protected against damages, because it might be necessary to
find and hire another contractor to finish the job, or to demolish and
reconstruct the work already done by the delinquent contractor, all of which
would involve loss of much time and additional expense. But for small repair
jobs of P70, P130 or P300, and without specifications, like the ones
undertaken by De la Cruz, there was absolutely no necessity for any bond
because if De la Cruz abandoned his contract, Caro could easily have gotten
another contractor to finish the jobs, considering their relative insignificance.
The majority opinion cites the case of Andoyo vs. Manila Railroad Co., G.R.
No. 34722, March 28, 1932. According to the, facts of said case appearing in
the quotation, Venancio Nasol undertook to Construct a railway line between
Maropadlusan and Mantalisay for the Manila Railroad Company. We all know
that the construction of a railroad line, however short, involves considerable
outlay, capital and investment, and the work has to be finished within the
shortest time possible so that the Railroad Company could immediately use it
for its rolling stock. As I have already said, in such a contract, the filing of a
bond by the contractor is very necessary to protect the employer from loss in
cage of failure of the contractor to live up to his contract. The Court in that
case found as a fact that Nasol had no capital for such a big project; he filed
no bond and he did not say that the Manila Railroad Company had no control
over him as to the manner or methods he employed in pursuing the work. No
wonder that the Court found him not to be an independent contractor.
Speaking of the agreements Exhibits A, B, C, and D, the majority opinion
declares that De la Cruz had no right to speak for Rilloraza about the latter's
right or lack of right to claim compensation from Caro in case of any injury
suffered by him, arising out of his work. But De la Cruz did not attempt or
even pretend to speak for Rilloraza in this regard. He was merely assuming
the responsibility as Rilloraza's employer. As a matter of fact, that
assumption and undertaking of responsibility by De la Cruz was really
necessary for Caro's protection and peace of mind because if he is an
independent contractor, as I firmly believe he is, then it is he who is called
upon to answer for any compensation claim made by his employees. That
assurance and undertaking by De La Cruz is clearly indicative of his role asan
independent contractor.
Going back to my quotation from the Referee's decision, the same, in my
opinion, conclusively proves that De la Cruz was the employer of Rilloraza,
because it was the former who hired Rilloraza as a carpenter at P6 a day,
assigned him to work, supervised his work, and paid his salary. Nowhere do
we find any intervention by or even reference to Caro, as far as Rilloraza was
concerned. Moreover, the quotation mentions De la Cruz' "contract work in
the repair and/or construction of the building on the premises located at
1049 R. Hidalgo, Quiapo." Caro is mentioned only, as the alleged owner of
said house. The only logical conclusion from the above quotation is that De la
Cruz, as contractor, was given a contract by Caro to make repairs on the
house in question, and to hurry out his contract ', he hired his own men,
including Rilloraza, assigned the task or carpentry work to be done by each,
supervised them and paid their wages. Can there be any clearer case of an
independent contractor? But the majority opinion says that in the notice of
injury, Exhibit A, Rilloraza referred to De la Cruz as his "capataz" who took
him to a "manghihilot" after the injury. His reference to De la Cruz as
"capataz" can be explained because, according to his testimony referred to
by the Referee, Rilloraza said that De la Cruz not only hired him and paid his
wages, but he supervised his work. However, in question 21 of the same
exhibit, we find the following:1wphl.nt
21. Have you given your employer of notice of inquiry/sickness? Yes, when?
August 4, 1953. To whom? Mr. Daniel Cruz. He was a witness to the accident.
In other words, answering question No. 21, Rilloraza said that he gave notice
of his injury to De la Cruz as his employer, and in fact, De la Cruz witnessed
the accident.
Page 6 of the majority opinion says the following: "In other words, even if
Rilloraza had been engaged by De la Cruz and there is no affirmative
evidence thereon. . ." Is not the testimony of Rilloraza and as found by the
Referee that De la Cruz engaged him as a carpenter at P6 a day, an
affirmative evidence of employment? Can there be any better evidence that
Rilloraza was employed by De la Cruz than Rilloraza's own testimony?.
On page 5 of the majority opinion, we find the following statement and
assertion:
Petitioner herein did not prove, or even try to prove, that De la Cruz had
agreed to do a piece of work 'according to his own methods . . . without
being subject to the control of his employer'. On the contrary, the reference,
in Exhibit A, to the general nature of the work to be undertaken, without any
plans or specifications to be followed, indicates that the floor joists
mentioned in said contract to be changed under the direction and control of
Mr. Caro or his representative, and in the manner or the method designated
by either. In other words Daniel de la Cruz was not an independent
contractor, within the purview of the Workmen's Compensation Act. . . .
1wphl.nt
Again I have to disagree. Contrary to the above assertion, the very Exhibit A
is the best proof that De la Cruz had agreed to do a piece of work without
being subject to the control of his employer Caro. Let us again reproduce
Exhibit A:
EXHIBIT A
AGREEMENT
I, DANIEL DE LA CRUZ, have accepted the job changing the floor joists
("soleras") of the old building at 1049 R. Hidalgo, for the sum of THREE
HUNDRED (P300) PESOS, to be finished before the end of August, 1953.
I will be responsible for any accident that may happen to the laborers I may
place in this work.
MANILA, May 15, 1953.
(Sgd.) DANIEL
B.
Angeles,
Rizal
DE
LA
San
CRUZ
Juan
supervised his men. Specifications are needed only for big constructions, like
a bridge, a schoolhouse, or a factory where the contractor also supplies the
material, in order to guard against the contractor using material inferior to or
different from that agreed upon between owner and contractor.
On this point of independent contractor, I may cite a few authorities:
An 'independent contractor' is one who contracts to do specific piece of
work, furnishes his own assistants, and executes work entirely in accordance
with his own ideas or plans previously given by him by person for whom work
was done, without being subject to letters orders in respect to details of
work. Ruth Bros. vs. Roberto, 109 S. W. 2d 800, 802, 270 Ky. 339. (21 Words
and Phrases p. 24).
An 'independent contractor' is one who engages to perform a certain service
for another, according to his own manner and method, free from control and
direction of his employer in all matters connected with the performance of
the service, except as to the result or product of the work. Fairmont
Creamery Co. of Lawton vs. Carsten, 55 P. 2d 757, 759, 175 Okl. 592. (Ibid.
Principal test to be applied in determining whether one rendering services for
another is an 'employee' or an 'independent contractor' is whether employer
has right to control details of work, place of work, time of employment,
method of payment, and right of summary discharge are to be considered.
Town of Eagle vs. Industrial Commission, 266 N.W. 274, 275, 221 Wis. 166.
(Ibid., p. 36).
Experienced carpenter, contracting to construct house by means and
methods he deemed proper for fixed consideration, and employing, fixing
wages, and hours, and having entire control of men assisting him, held
'independent contractor,' not entitled to benefit of Workmen's Compensation
Act. Royal Indemnity Co. vs. Blankenship, Tex. Civ. App., 65 S.W. 2d 327, 329.
(Ibid.)
A carpenter, who was engaged by the owner of a building to make repairs to
the roof and veranda of the building, and who did the work in his own way
and at his own time, without direction from the owner, except indication of
the places to be repaired, was an 'independent contractor', and not an
'employee', within the Workmen's Compensation Law; the test being that a
contractor is subject to the will of his employer only as to the result of his
work, and not as to the means by which it is accomplished. Ball vs. Bertelle's
estate, 195 N.Y.S. 150, 201 App. Div. 708. (Ibid.)
A painter, who agrees with an apartment house owner, furnishing the
materials, to paint a given number of windows with his own brushes, in his
own manner and for a fixed sum for the entire work, is an 'independent
contractor' and not an 'employee', within the Workmen's Compensation Law.
Prince vs. Schwartz, 180 N.Y.S. 703, 190 App. Div. 820". (Ibid. p.57).
Payment of a fixed sum for a completed job is characteristic of independent
contractorship, but not conclusive. A typical example is that of a contract to
clean out a well for one hundred dollars. This was held not only to negative
employment, but even to take the case out of the special Washington statute
embracing independent contractors when the essence of the contract is
personal service. Similarly, a workman who agreed to tear down a barn for
$183 plus a chicken roost valued at $2 was held an independent contractor.
(Workmen's Compensation Law, Larson, Vol. 1, p. 650).
On the basis of Exhibits A, B, C, and D, which as already said, give a pattern
of the relationship between De la Cruz and Caro, and applying the authorities
abovecited, De la Cruz was clearly an independent contractor because De la
Cruz hired his own men, assigned them to their work, fixed their hours of
work, and paid them. On the other hand, Caro had no relation whatsoever
with the hiring of said men, their selection as to their capabilities as
carpenters, the hours of work, the tools used, and the manner they did their
repair job, etc. The only thing Caro was interested in was the finished job for
which he paid or promised to pay a fixed amount.
But we need not go to foreign authorities to show that De la Cruz was an
independent contractor and that Rilloraza was not an employee of Caro. In
the case of Gatalla vs. Tayabas Lumber Co., Inc., 37 Phil. 835, the Company
engaged in the cutting of lumber, used to haul its timber through "kaingins"
occupied by Martinez Mercurio, and to facilitate passage, the two men and
the, Company entered into a contract whereby the two men undertook to
open a trail over their "kaingins", clear it of underbrush and trees and
maintain the same, for the sum of P50 a year receiving advance payment of
P150 for three years. The two men hired one Mariano Oriel to help them cut
the brush and trees found on this proposed trail. While working, a tree fell on
Oriel, killing him. His heirs filed a claim against the Lumber Company and the
trial court awarded said heirs the funeral expenses of Oriel, as well as the
sum of P3 a week, which he used to earn for 208 weeks. On appeal to this
Court, the judgment was reversed and the Lumber Company was absolved
from the complaint. This Tribunal, through Mr. Justice Imperial, said:
. . . There is no doubt that the deceased was not an employee or laborer of
the appellant and that between them there was not even a contractual or
juridical relation.
The trail belonged to Martinez and Mercurio because it was within the lands
of which they were in possession. The contract executed between them and
the appellant was entirely independent of the latter's business of cutting
timber, and the wages earned by the deceased came directly from the
owners of the lands. It is true that the appellant's timber had to pass over
the trail which Martinez and Mercurio were to open, but the appellant had not
the least intervention in the task of clearing it which the former undertook to
do, except that of paying the annual rent of P50 which was stipulated as
payment for the use of said trail. Employers should deserve before the law
the same consideration as workmen and they should not be held liable for
accidents suffered by those who are not their laborers or employees.
According to the evidence, the relation created was between the deceased,
on the one hand, and Joaquin Martinez and Fabian Mercurio, on other hand.
In effect, this Court held Martinez and Mercurio as independent contractors,
employers of Oriel.
In the case of Philippine Manufacturing Company vs. Santos, G.R. No. L-6968,
November 29, 1954, the facts are as follows: The Philippine Manufacturing
Company, later referred to as the Company, is a corporation engaged in the
manufacture of soap, vegetable lard, cooking oil, and margarine, with factory
at Velasquez, Tondo, Manila. It engaged one Eliano Garcia to paint an
elevated tank within the factory compound, erected for the purpose of water
storage for use in case of fire. Garcia, engaged in painting contracts, hired
Arcadio Geronimo as a painter and laborer. The contract, Annex "A" between
the Company and Garcia reads as follows:
DESCRIPTION
PRICE
xxx
xxx
It follows from the foregoing that the deceased cannot be regarded as the
laborer or employee of the manufacturing company, for he was working in an
independent contractor and met death while doing work which was not in the
usual course of the company's business. Such being the case, the company
is not the one called upon to pay the compensation due to the dependents of
the deceased. Responsibility for such payment rests upon his employer,
Eliano Garcia. (Emphasis supplied)
It will be noticed from the above decision that although Garcia did not file
any bond, nevertheless, he was held to be an independent contractor.
Then we have the recent case of Josefa Vda. de Cruz et al. vs. The Manila
Hotel Company,. G.R. No. L-9110, April 30, 1957, the facts of which are as
follows: In 1954, by reason of the leasing of the Manila Hotel to the Bay View
Hotel, the corporation owning the Manila Hotel notified its employees that
were to be laid off that it grant them a separation gratuity. For several years
prior to 1954, Tirso Cruz with his orchestra furnished music for the Hotel,
under the conditions embodied in the contract, Annex 1, whereby the Manila
Hotel engaged the services of Tirso Cruz orchestra, composed of fifteen
musicians, including Tirso and Ric Cruz as vocalist, at P250 per day, the
orchestra to play from 7:30 P.M. to closing time daily. Tirso and his musicians
claimed the gratuity promised to its employees, but the Hotel management
denied the claim, saying that they were not its employees. They brought an
action to enforce their claim in the Court of First Instance of Manila. On
motion by the Hotel and after hearing the parties, the trial court dismissed
the complaint for lack of cause of action for the reason that plaintiffs were
not employees of the Hotel. On appeal, this Court affirming the order of
dismissal, through Mr. Justice Bengzon, said:
Still going further, are these plaintiffs 'employees' of the Hotel? None of
them, except Tirso Cruz and Ric Cruz, is mentioned in the contract Exhibit 1.
None has submitted any contract or appointment except said Exhibit 1.
Obviously their connection with the Hotel was only thru Tirso Cruz who was
the leader of the orchestra; and they couldn't be in a better class than Tirso
Cruz who dealt with the Hotel. Was Tirso Cruz an employee? Or was he an
independent contractor, as held by the trial court?
It will be observed that by Annex 1 the Manila Hotel contracted or engaged
the 'services of your orchestra' (of Tirso Cruz) 'composed of fifteen musicians
including yourself plus Ric Cruz as vocalist' at P250.00 per day, said
orchestra to play from 7:30 p. m. to closing time daily'. What pieces the
orchestra shall play, and how the music shall be arranged or directed, the
intervals and other details-such are left to the leader's discretion. The
musical instruments, the music papers and other paraphernalia are not
furnished by the Hotel; they belong to the orchestra, which-in turn belongs to
Tirso Cruz-not to the Hotel. The individual musicians, and the instruments
they handle have not been selected by the Hotel. It reserved no power to
discharge any musician. How much salary is given to the individual members
is left entirely to 'the orchestra' or the leader. Payment of such salary is not
made by the Hotel to the individual musicians, but only a lump sum
compensation is given weekly to Tirso Cruz.
Considering the above features of the relationship, in connection with the
tests indicated by numerous authorities, it is our opinion that Tirso Cruz was
not an employee of the Manila Hotel, but one engaged to furnish music to
said hotel for the price of P250 daily, in other words, an independent
contractor (1) within the meaning of the law of master and servant.
'An independent contractor is one who in rendering services, exercises an
independent employment or occupation and represents the will of his
employer only as to the results of his work and not as to the means whereby
it is accomplished; one who exercising an independent employment,
to build and repair houses for rent. Now, if Caro, assuming that renting one
single house of his wife can be considered a regular business, had employed,
say, a bill collector to collect the monthly rent, or a bookkeeper to keep the
books of the business, and anyone of them is injured, then he may perhaps
be held liable to pay compensation.
The majority opinion cites foreign authorities to the effect that the owner of a
building who rents it for income purposes and maintains the same repair for
that purpose, was liable for the employees of the contractor repairing the
building as maintenance of the building was considered as part of the
owner's business. True, there are some authorities holding this view , but I
believe that the weight of authorities is, by far, on the other side. And this
weight of authority to me, is the more reasonable because the mere repair or
painting of a building or structure which is connected, even intimately
related to the main business, can hardly be considered as part of said
business. The repair of a building for rent or the installation of additional
facilities such as plumbing, electrical appliances, etc. may not be regarded
as part of the business of renting houses or apartments. They rightly belong
to building and construction work, or the plumbing or electrical installation
business. That is why, in the case of Mansal vs. P.P. Gocheco Lumber Co.* G.
R. No. L-8017, April 30, 1955, cited in the majority opinion, this Court,
through Mr. Justice Labrador, gave the following example:
In a saw mill, for example, if a power unit running the mill gets out of order
and a mechanic is contracted to fix the engine, the work of the mechanic
would be considered as purely casual, because the reparation of the mill is
not the actual work or business of the sawmill but the sawing lumber.
The majority opinion cites that case of Achijiro Idoma (23 Hawaii, 291) which
holds that where a sugar company gave a contract to H. to build a road-bed
on its plantation to be used in its business, furnishing H. with camps, tools,
and appliances, the work to be to the satisfaction of the company, and the
claimant, a workman employed by H. who alone had a right to discharge
him, was injured, the company was liable as employer of the claimant for
injuries suffered by him. However, it will be seen that in that case, the
company furnished H. not only with camps, but also with the tools and
appliances to be used by him, thereby giving ground to the conclusion that
H. was a mere intermediary or an agent performing a work as indicated,
closely supervised and controlled by the company. On the other hand, we
have the case of Catalla vs. Tayabas Lumber Co., supra, decided by this
Court wherein Martinez and Mercurio undertook to construct and maintain a
trail or road over their kaingins for the use of the lumber company in hauling
its lumber, for a certain amount. The two men employed one Oriel to help
cut trees and brush on the proposed trail or road, paying him P1 to P2 daily.
While working, Oriel was killed by a tree falling upon him and his heirs filed a
claim against the lumber company. This Court, reversing the decision of the
lower court which awarded compensation to Oriel's heirs, held that he (Oriel)
was not an employee of the lumber company because although the
company's timber had to pass over the trail or road, nevertheless, it had no
intervention in the task of clearing it.
The majority also cites the case of Mansal vs. P. P. Gocheco Lumber Co.
already referred to which held that a laborer injured while stacking lumber in
the lumber yard of the company, was entitled to compensation from the
latter although he had been employed by a contractor who undertook to do
the stacking of lumber in the yard at a given rate. I agree with the ruling in
said case, because the stacking of lumber in a lumber yard is clearly part
and parcel of the operation of the sawmill of the company. So is the
unloading of cargoes from a ship, said work being an ordinary part of
carrier's duty mentioned in said decision. The same is true in the case of
Flores vs. Cia. Maritima, 57 Phil. 905, also cited in the majority opinion,
wherein the deceased had been recruited by order of the very captain of the
ship, and was engaged in the work of unloading the ship's cargo, which work
is part of the carrier's duty. Naturally, the company was held liable.
But in the case of De los Santos vs. Javier, 58 Phil. 82, this Court made the
following statement of facts, and rendered its conclusion as
follows:1wphl.nt
It appears from the evidence that the defendant was going to buy and sell
hogs and to establish a plant for curing hams, and that through Carmen
Javier de la Rea he engaged a contractor by the name of Fructuoso Esquillo
to construct a corral for hogs and an office for the, person in charge of the
corral. The price agreed upon was P500. The contractor was to furnish the
labor. The work was to be finished within fifteen days. The deceased
Bonifacio de los Santos was one of the workmen engaged by the contractor.
He was paid by the contractor and was subject to the contractor's orders.
The defendant had no direct intervention in the work. On June 15, 1931,
while Bonifacio de los Santos was engaged in placing a beam he fell from a
scaffold and received injuries which caused his death the next day.
Under these circumstances, we are constrained to hold that Bonifacio de los
Santos was not an employee of the defendant. As already indicated, the
business which the defendant was going to establish was that of buying and
selling hogs and curing hams. The defendant was not a building contractor,
and it was not a part of his business to construct buildings. If we refer again
to the definition of employer, we shall see that it compromises the owner or
lessee of a factory or establishment or place of work or any other person who
is virtually the owner or manager of the business carried on in the
establishment or place of work but who, for the reason that there is an
independent contractor in the same, or for any other reason, is not the direct
employer of laborers employed there. We take this to mean that although the
owner of the factory is not the direct employer of the laborers employed
therein because there is an independent contractor in the factory, the owner
of the factory is nevertheless to be considered for the purposes of the
Workmen's Compensation Act as the employer of the laborers working under
the independent contractor, but that it is true only with respect to laborers
doing work which is in the usual course of the owner's business. In the case
at bar, for example, if the defendant had made contract with Esquillo to take
the hogs from the corral to the slaughterhouse, and the deceased as one of
the employees of Esquillo had been fatally injured while engaged in that
work, the defendant would have been liable to the heirs of the deceased,
although Esquillo was an independent contractor and the deceased
employee.
'Most of the compensation acts expressly or impliedly provide that any
person who has work done under contract on or about his premises, which is
an operation of the usual business which he there carries on, shall be
deemed an employer and shall be liable under the act to such contractor, his
subcontractors, and their employees, when injured or killed on or about the
premises of the employer while doing work which is in the usual course of his
business.
'These provisions as a rule are not held to apply to the owner of premises
upon which improvements are being erected, demolished, altered or repaired
by an independent contractor, nor to a contract made by the owner of the
premises with an independent contractor.' . . . (Schneider on Workmen's
Compensation Law, Second Edition, pages 310 to 312, and cases there
cited.).
In other words, when the law makes the owner of the factory the employer
therein notwithstanding the intervention of an independent contractor, it
refers to laborers engaged in carrying on the usual business of the factory,
and not to the laborers of an independent contractor doing work separate
and distinct from the usual business of the owner of the factory. (Emphasis
supplied.)
It will be seen from the above quotation that although the construction of the
corral for hogs and an office for the person in charge of the corral, especially
the corral itself, was intimately and closely connected with the business of
buying and selling hogs and curing hams nevertheless, this Court held that
said construction was not a part of the business because the owner was not
a building contractor and it was not a part of his business to construct
buildings.
It is interesting to note that the latter part of the quotation citing with favor
Schneider on Workmen's Compensation Law, which I again reproduce below
for emphasis:
'These provisions as a rule are not held to apply to the owner of premises
upon which improvements are being erected, demolished, altered or repaired
by an independent contractor, nor to a contract made by the owner of the
premises with an independent contractor. . .
directly contradicts the view of Larson in his book on the Workmen's
Compensation Law cited by the majority opinion to the effect that
maintenance and repair activities and as well as remodelling and other
incidental construction in a house has been held to be within the course of
trade, occupation or business.
Lastly, assuming for the moment that Rilloraza was an employee of Caro,
which he is not, and that the latter was engaged in the business of renting
houses, which was not proven, inasmuch as Rilloraza's work of repairing the
house was not within but outside the alleged business of renting houses, I
hold that Rilloraza should be regarded as a mere casual employee within the
meaning of Section 39 (b) which provides:
(b) 'Laborer' is used as synonym of 'Employee' and means every person who
has entered the employment of, or works under a service. . . for an employer.
It does not include a person whose employment is purely casual and is not
for the purposes of the occupation or business of the employer.. . .
"Casual" is defined and described by Larson in his book Workmen's
Compensation Law cited in the majority opinion as follows:1wphl.nt
Employment is casual where it is irregular, unpredictable, sporadic and brief
in nature.
In that case of Mansal vs. P. P. Gocheco Lumber Co., supra, this Court through
Mr. Justice Labrador, defined "casual" as follows:
"Casual" means occasional, coming without regularity.
The following authorities are enlightening:
Carpenter employed by merchant on work of converting warehouse into
apartment and garage held engaged in 'casual employment' at time of his
death, so that his widow was not entitled to compensation, 77 P.S. Sec. 22.
Fedak vs. Dzialdowski, 172 A. 187, 188, 113 Pa. Super. 104. (Words &
Phrases, Vol. 6. p. 291).
employment of Heck by Blood to paint his house, was casual, that is, it was a
mere occasional and incidental contract not constituting or connected with
any regular, systematic, or certain-business. The award under review was
consequently annulled.
Other similar cases may be cited to show that employment which is not
regular but is merely occasional and incidental, which although related to
and connected with the regular business of the owner or employer,
nevertheless, is not within the usual course of trade, business, profession or
occupation of said employer, is to be considered casual employment within
the meaning of the Workman's Compensation Law.
The majority opinion stresses the purpose of the Workmen's Compensation
Act which is a social legislation designed to give relief to the workman who
has suffered injury from his employment. and hence should be considered
liberally and for the benefit of employees and their dependents, and that all
doubts as to the right of compensation resolved in their favor. I agree.
However, it has been noted that this liberal interpretation of the law and the
presumption to be indulged in favor of employees, not infrequently, has been
overdone and over extended by trial courts and the Workmen's
Compensation Commission, resulting at times in inequality in the application
of said law and clear injustice to the employer. That is the reason why in the
case of Catalla vs. Tayabas Lumber Company, supra, this same Tribunal in
reversing a decision of the Court of First Instance sentencing the Lumber
Company to pay compensation, was promoted to declare.
We regret to be compelled to describe the question against the appellee's
claim. This case should be decided not from a sympathetic point of view
which the working class well deserves, but in accordance with the proven
facts and the law applicable thereto .
. . . Employers should deserve before the law the same consideration as
workmen and they should not be held liable for accidents suffered by those
who are not their laborers or employees.. . . (Emphasis supplied.)
And in the case of De los Santos vs. Javier, supra this Court also reversed the
decision of the Instance in favor of the employee citing the case of Packet vs.
Moretown Creamery Co. (91 Vt. 97; 99 Atlantic, 638), the language of whose
statute is practically the same as that of our Workmen's Compensation Law,
and this Court made the following statement:
. . .A creamery company entered into a contract with a builder for the
erection of a new creamery building, and one hired by the, builder was
injured. Held, That such person could not, despite section 63a, declaring that
the act should be liberally construed, be treated as a workman of the
creamery company and entitled to demand compensation from it, the
company not being engaged in the business of erecting buildings, this being
particularly true as the liability of the creamery company's insurance carrier
would be extended to an unthought of length. (Emphasis supplied.)
Again, in the case of Philippine Manufacturing Company vs. Geronimo, supra,
this Court head to reverse a decision or award rendered by the Workmen's
Compensation Commission and ordered that another decision be rendered
ordering the dependent contractor instead of the Company to pay the
compensation. Other similar cases may be cited.1wphl.nt
I am seriously and truly concerned over the implications and far-reaching
effects of the majority in so far as it rules that notwithstanding the
intervention of a contractor like De la Cruz, the owner of administrator of
property over which repair work is done is nevertheless liable for any injuries
suffered by the laborer or carpenter employed by the contractor. That is the
reason I felt constrained to state the reasons for my dissent and to dwell
rather extensively and perhaps elaborately on the subject. Heretofore, and
for years and decades, these small and modest contractors like De la Cruz, in
the cities and big towns in this country, have by contracts for stipulated
sums and for fixed periods of time, undertaken the construction, painting and
repair of small factories, business houses, apartment houses and houses for
rent, including plumbing and electrical installations in them, almost
invariably, furnishing the labor only, and they have performed their task to
the satisfaction of the owners and for the profit of themselves as well as the
thousands of employees and laborers, skilled and non-skilled, hired by them.
Now comes the majority opinion saying that despite the intervention of an
independent contractor, if the latter is a small operator and has no capital, in
case of injury suffered by a laborer of said small contractor, the owner is
liable to pay compensation. Those who would sign the majority opinion may
not realize it, but the doctrine being laid down by it would surely and
suddenly make all these house owners and prospective builders, realize their
precarious situation. To play safe and avoid liability, they would by-pass,
though reluctantly, these small and modest contratistas and go and entrust
their constructions, repairs, and installations to the big, moneyed, and
established building and construction contractors like Santa Clara
Construction Company Pio Barretto & Sons, Inc., Capitol Construction
Company, and others who are in a position to assume and discharge said
liability. The work would most likely cost more, but then the owners are
relieved from worry and the possibility of facing claims for compensation.
This would surely and inevitably spell rum to all small and modest plumbers,
painters, carpenters, electricians, laborers and helpers. In other words, with a
stroke of the judicial pen, these thousands of small contractors and their still
greater number of men, who form an important sector of our national
economy, would be obliterated from the industrial scene, all because,
according to the majority opinion, they cannot be considered as independent
contractors just because they put up no bonds, which are jobs, and they do
not count with capital like the big, well established ones.
In conclusion, I believe and hold that under the facts proven in this case, and
under the law, De la Cruz should be considered an independent contractor
that as such independent contractor, he employed Rilloraza, and so
compensation to Rilloraza should be paid not by Caro but by De la Cruz, not
only because of his assumption of such liability, as stipulated in his
agreement, but because he was the real employed; that even under Section.
39 (a) of the Workmen's Compensation Act, Caro may not be regarded as the
employer for the reason that, assuming, that the house in question was
actually rented for purposes of profit, and assuming further that renting one
single considered a regular business or occupation, the work being done by
Rilloraza on said house was not within but rather outside of the regular
business of renting houses; that assuming that Caro was the employer of
Rilloraza, still, the employment of the latter was casual under the provision,
of Section 39 (b) of the Workmen's Compensation Act, and so, Rilloraza is not
entitled to Compensation. Consequently, the appealed decision should be
reversed. 1wphl.nt
FIRST
[G.R.
DIVISION
No.
90653.
November
12,
1990.]
Miralles,
Agabin,
Raneses,
Atienza,
Sy,
Alday
Taquio
&
&
Associates,
Tuason
for Private
SYLLABUS
DECISION
GANCAYCO, J.:
Petitioners were hired to cut cogon grass and weeds at the back of the
factory building used by private respondents. They were not required to work
on fixed schedule and they worked on any day of the week on their own
discretion and convenience. The services of the petitioners were terminated
by the private respondent on July 13, 1987.chanrobles virtual lawlibrary
Thus, petitioners filed a complaint for illegal dismissal with the National
Labor Relations Commission (NLRC). After the position papers of the parties
were filed, a decision was rendered by the labor arbiter on September 20,
1988 finding the dismissal of the petitioners to be illegal and requiring the
private respondent to reinstate them immediately to their former position
with full backwages and without loss of seniority rights. The private
respondent appealed to the NLRC. On September 18, 1989, Commissioner
Conrado B. Maglaya rendered a decision setting aside the appealed decision
and issuing a new judgment ordering private respondent to pay petitioners
one (1) months pay each based on humanitarian considerations.
Hence, the herein petition for certiorari where petitioners allege that the
public respondent NLRC committed a grave abuse of discretion in rendering
the aforestated decision. Petitioners invoke the provision of Article 4 of the
Labor Code and of Article 1702 of the Civil Code wherein all doubts should be
resolved
in
favor
of
labor.chanrobles
law
library
:
red
The
petition
is
devoid
of
merit.
at least one (1) year. When, as in this case, they were dismissed from their
employment before the expiration of the one-year period they cannot
lawfully
claim
that
their
dismissal
was
illegal.
Indeed, private respondent had shown that the services of the petitioners
were
found
to
be
unsatisfactory,
so,
their
termination.
WHEREFORE, the
pronouncement
petition
is
DISMISSED
as
for
lack
to
of
merit
without
costs.
SO ORDERED.
Republic
SUPREME
Manila
of
the
Philippines
COURT
SECOND DIVISION
G.R. Nos. 82643-67 August 30, 1990
PHILIPPINE
GEOTHERMAL,
INC., petitioner,
vs.
NATIONAL LABOR RELATIONS COMMISSION, TEODULO C. CUEBILLAS,
ARMANDO CILOT, MARIANO CORULLO, YOLANDA CAL, EFREN
CLERIGO, FELICISSIMO VARGAS, et al., respondents.
Romulo, Mabanta, Buenaventura, Sayoc and De los Angeles for petitioner.
Napoleon Banzuela, Jr. for private respondents.
PARAS, J.:
This is a petition for review on certiorari seeking to annul and set aside; (a)
the Resolution of the National Labor Relations Commission * dated November
9, 1987 in Labor Cases Nos. RAB-403-85 to 427-85 and RAB Nos. 0392-85 to
0393-85 entitled Teodulo C. Cuebillas, et. al. vs. Philippine Geothermal, Inc.
et al. and Efren N. Clerigo et. al. vs. Phil. Geothermal Inc. respectively which
declared respondent employees as regular and permanent employees of
petitioner company and ordered their reinstatement and (b) the Resolution
dated March 9,1988 which denied the Motion for Reconsideration.
The facts of the case are as follows:
Petitioner Philippine Geothermal, Inc. is a U.S. corporation engaged in the
exploration and development of geothermal energy resources as an
alternative source of energy. It is duly authorized to engage in business in
the Philippines and at present is the prime contractor of the National Power
Corporation at the latter's operation of the Tiwi, Albay and the MakilingBanahaw Geothermal Projects. 1
Private respondents, on the other hand, are employees of herein petitioner
occupying various positions ranging from carpenter to Clerk II who had
worked with petitioner company under individual contracts, categorized as
contractual employment, for a period ranging from fifteen (15) days to three
(3) months. These contracts were regularly renewed to the extent that
individual private respondents had rendered service from three (3) to five (5)
years until 1983 and 1984 when petitioner started terminating their
employment by not renewing their individual contracts. Subsequently
petitioner entered into job contracting agreement with Dra. Generosa
Gonzales
who
supplies
it
with
skilled
2
manpower.
Sometime in July 1983, herein private respondents organized a separate
labor union in view of their exclusion in the bargaining unit of the regular
rank and file employees represented by the Federation of Free Workers. In
August 1983, they filed a petition for certification election with the Ministry
of Labor and Employment, NCR, docketed as Case No. NCD-LRD-8-242-84.
Because of this, herein petitioner allegedly started harassing them and
replaced them with so called "contract workers". Thus, complainant union
and herein respondent employees filed a case for illegal lock-out and unfair
labor practice, docketed as Case No. 1420-83 and the instant consolidated
cases RAB Case Nos. 0403-85 to 427-85 and RAB Cases Nos. 0392-85 to
0393-85, involving 26 workers, for unfair labor practice and/or illegal
dismissal, reinstatement backwages and service incentive. 3
On March 3, 1987, Labor Arbiter Voltaire A. Balitaan rendered a decision in
favor of the respondents the dispositive portion of which reads:
WHEREFORE, judgment is hereby rendered in favor of the petitioners and
they are hereby declared regular and permanent employees of the
respondent and finding their dismissal from the service illegal, respondent is
ordered to reinstate them to their former positions without loss of seniority
rights and with one year backwages without qualification or deduction in the
amount of P590,021.76.
SO ORDERED.
On June 5, 1989, this Court granted the motion; and set aside the resolution
dated April 17, 1989; gave due course to the petition and required the
patties to submit simultaneously, their respective memoranda. 12
Private respondents filed their memorandum on August 8, 1989 13 while
public respondent filed its memorandum on September 1, 1989. 14 Petitioner
filed its memorandum on September 8, 1989. 15
The main issue in the case at bar is whether or not private respondents may
be considered regular and permanent employees due to their length of
service in the company despite the fact that their employment is on
contractual basis.
Petitioner alleges that it engaged the services of private respondents on a
monthly basis to ensure that manpower would be available when and where
needed. Private respondents were fully aware of the nature of their
employment as this was clearly spelled out in the employment contracts.
What happened to them was not a case of unwarranted dismissal but simply
one of expiration of the tenure of employment contracts and the completion
of the phase of the project for which their services were hired. 16
In the recent case of Kimberly Independent Labor Union for Solidarity,
Activism, and Nationalism-Olalia vs. Hon. Franklin M. Drilon, G.R. Nos. 77629
and 78791 promulgated last May 9, 1990, this Court classified the two kinds
of regular employees, as: 1) those who are engaged to perform activities
which are usually necessary or desirable in the usual business or trade of the
employer; and 2) those who have rendered at least one (1) year of service,
whether continuous or broken with respect to the activity in which they are
employed. While the actual regularization of these employees entails the
mechanical act of issuing regular appointment papers and compliance with
such other operating procedures, as may be adopted by the employer, it is
more in keeping with the intent and spirit of the law to rule that the status of
regular employment attaches to the casual employee on the day
immediately after the end of his first year of service.
Assuming therefore, that an employee could properly be regarded as a
casual (as distinguished from a regular employee) he becomes entitled to be
regarded as a regular employee of the employer as soon as he has
completed one year of service. Under the circumstances, employers may not
terminate the service of a regular employee except for a just cause or when
authorized under the Labor Code. It is not difficult to see that to uphold the
contractual arrangement between the employer and the employee would in
effect be to permit employers to avoid the necessity of hiring regular or
permanent employees indefinitely on a temporary or casual status, thus to
deny them security of tenure in their jobs. Article 106 of the Labor Code is
precisely designed to prevent such result. 17
It is the policy of the state to assure the right of workers to "security of
tenure." 18 The guarantee is an act of social justice. When a person has no
property, his job may possibly be his only possession or means of livelihood.
Therefore, he should be protected against any arbitrary deprivation of his
job. Article 280 of the Labor Code has construed "security of tenure" as
meaning that "the employer shall not terminate the services of the employee
except for a just cause or when authorized by the Code." 19
PREMISES CONSIDERED, the decision of the National Labor Relations
Commission is hereby AFFIRMED and the Temporary Restraining Order issued
on June 29, 1988 is hereby LIFTED permanently.
SO ORDERED.
(3) Jointly and severally pay petitioners One Hundred Percent (100%) of their
total credited contributions as provided under the Consecutive Enlistment
Incentive Plan.
SO ORDERED.[1]
A motion for reconsideration was consequently filed [2] by the private
respondents to which petitioners filed an Opposition thereto.[3]
In a Minute Resolution dated June 28, 2000, the Court resolved to deny the
motion for reconsideration with finality.[4]
Subsequently, the Filipino Association for Mariners Employment, Inc. (FAME)
filed a Motion for Leave to Intervene and to Admit a Motion for
Reconsideration in Intervention.
Private respondents, meanwhile, also filed a Motion for Leave to File a
Second Motion for Reconsideration of our decision.
In both motions, the private respondents and FAME respectively pray in the
main that the Court reconsider its ruling that Filipino seafarers are
considered regular employees within the context of Article 280 of the Labor
Code. They claim that the decision may establish a precedent that will
adversely affect the maritime industry.
The Court resolved to set the case for oral arguments to enable the parties to
present their sides.
To recall, the facts of the case are, as follows:
Petitioner Douglas Millares was employed by private respondent ESSO
International Shipping Company LTD. (Esso International, for brevity) through
its local manning agency, private respondent Trans-Global Maritime Agency,
Inc. (Trans-Global, for brevity) on November 16, 1968 as a machinist. In
1975, he was promoted as Chief Engineer which position he occupied until
he opted to retire in 1989. He was then receiving a monthly salary of US
$1,939.00.
On June 13, 1989, petitioner Millares applied for a leave of absence for the
period July 9 to August 7, 1989. In a letter dated June 14, 1989, Michael J.
Estaniel, President of private respondent Trans-Global, approved the request
for leave of absence. On June 21, 1989, petitioner Millares wrote G.S. Hanly,
Operations Manager of Exxon International Co., (now Esso International)
through Michael J. Estaniel, informing him of his intention to avail of the
optional retirement plan under the Consecutive Enlistment Incentive Plan
(CEIP) considering that he had already rendered more than twenty (20) years
of continuous service. On July 13, 1989 respondent Esso International,
through W.J. Vrints, Employee Relations Manager, denied petitioner Millares
request for optional retirement on the following grounds, to wit: (1) he was
employed on a contractual basis; (2) his contract of enlistment (COE) did not
provide for retirement before the age of sixty (60) years; and (3) he did not
comply with the requirement for claiming benefits under the CEIP, i.e., to
submit a written advice to the company of his intention to terminate his
employment within thirty (30) days from his last disembarkation date.
On August 9, 1989, petitioner Millares requested for an extension of his leave
of absence from August 9 to 24, 1989. On August 19, 1989, Roy C. Palomar,
Crewing Manager, Ship Group A, Trans-global, wrote petitioner Millares
advising him that respondent Esso International has corrected the deficiency
in its manpower requirement specifically in the Chief Engineer rank by
promoting a First Assistant Engineer to this position as a result of (his)
previous leave of absence which expired last August 8, 1989. The adjustment
private respondent
promoted as Chief
until his last COE
monthly salary of
On May 16, 1989, petitioner Lagda applied for a leave of absence from June
19, 1989 up to the whole month of August 1989. On June 14, 1989,
respondent Trans-Globals President, Michael J. Estaniel, approved petitioner
Lagdas leave of absence from June 22, 1989 to July 20, 1989 and advised
him to report for re-assignment on July 21, 1989.
On June 26, 1989, petitioner Lagda wrote a letter to G.S. Stanley, Operations
Manager of respondent Esso International, through respondent Trans-Globals
President Michael J. Estaniel, informing him of his intention to avail of the
optional early retirement plan in view of his twenty (20) years continuous
service in the complaint.
On July 13, 1989, respondent Trans-global denied petitioner Lagdas request
for availment of the optional early retirement scheme on the same grounds
upon which petitioner Millares request was denied.
On August 3, 1989, he requested for an extension of his leave of absence up
to August 26, 1989 and the same was approved. However, on September 27,
1989, respondent Esso International, through H. Regenboog, Personnel
Administrator, advised petitioner Lagda that in view of his unavailability for
contractual sea service, he had been dropped from the roster of crew
members effective September 1, 1989.
On October 5, 1989, petitioners Millares and Lagda filed a complaintaffidavit, docketed as POEA (M) 89-10-9671, for illegal dismissal and nonpayment of employee benefits against private respondents Esso
International and Trans-Global, before the POEA.[5]
On July 17, 1991, the POEA rendered a decision dismissing the complaint for
lack of merit.
On appeal to the NLRC, the decision of the POEA was affirmed on June 1,
1993 with the following disquisition:
The first issue must be decided in the negative. Complainants-appellants, as
seamen and overseas contract workers are not covered by the term regular
employment as defined under Article 280 of the Labor Code. The POEA,
which is tasked with protecting the rights of the Filipino workers for overseas
employment to fair and equitable recruitment and employment practices and
to ensure their welfare, prescribes a standard employment contract for
seamen on board ocean-going vessels for a fixed period but in no case to
exceed twelve (12) months (Part 1, Sec. C). This POEA policy appears to be in
consonance with the international maritime practice. Moreover, the Supreme
Court in Brent School, Inc. vs. Zamora, 181 SCRA 702, had held that a fixed
term is essential and natural appurtenance of overseas employment
contracts to which the concept of regular employment with all that it implies
is not applicable, Article 280 of the Labor Code notwithstanding. There is,
therefore, no reason to disturb the POEA Administrators finding that
complainants-appellants were hired on a contractual basis and for a definite
period. Their employment is thus governed by the contracts they sign each
time they are re-hired and is terminated at the expiration of the contract
period.[6]
Undaunted, the petitioners elevated their case to this Court [7] and
successfully obtained the favorable action, which is now vehemently being
assailed.
At the hearing on November 15, 2000, the Court defined the issues for
resolution in this case, namely:
I. ARE PETITIONERS REGULAR OR CONTRACTUAL EMPLOYEES WHOSE
EMPLOYMENTS ARE TERMINATED EVERYTIME THEIR CONTRACTS OF
EMPLOYMENT EXPIRE?
II. ASSUMING THAT PETITIONERS ARE REGULAR EMPLOYEES, WERE THEY
DISMISSED WITHOUT JUST CAUSE SO AS TO BE ENTITLED TO
REINSTATEMENT AND BACKWAGES, INCLUDING PAYMENT OF 100% OF THEIR
TOTAL CREDITED CONTRIBUTIONS TO THE CONSECUTIVE ENLISTMENT
INCENTIVE PLAN (CEIP)?
III. DOES THE PROVISION OF THE POEA STANDARD CONTRACT FOR
SEAFARERS ON BOARD FOREIGN VESSELS (SEC. C., DURATION OF
CONTRACT) PRECLUDE THE ATTAINMENT BY SEAMEN OF THE STATUS OF
REGULAR EMPLOYEES?
IV. DOES THE DECISION OF THE COURT IN G.R. NO. 110524 CONTRAVENE
INTERNATIONAL MARITIME LAW, ALLEGEDLY PART OF THE LAW OF THE LAND
UNDER SECTION 2, ARTICLE II OF THE CONSTITUTION?
V. DOES THE SAME DECISION OF THE COURT CONSTITUTE A DEPARTURE
FROM ITS RULING IN COYOCA VS. NLRC (G.R. NO. 113658, March 31, 1995)?
[8]
The private respondents, on the other hand, contend that: (a) the ruling
holding petitioners as regular employees was not in accord with the decision
in Coyoca v. NLRC, 243 SCRA 190; (b) Art. 280 is not applicable as what
applies is the POEA Rules and Regulations Governing Overseas Employment;
(c) seafarers are not regular employees based on international maritime
practice; (d) grave consequences would result on the future of seafarers and
manning agencies if the ruling is not reconsidered; (e) there was no dismissal
committed; (f) a dismissed seafarer is not entitled to back wages and
reinstatement, that being not allowed under the POEA rules and the Migrant
Workers Act; and, (g) petitioners are not entitled to claim the total amount
credited to their account under the CEIP.[14]
Meanwhile, Intervenor Filipino Association of Mariners Employment (FAME)
avers that our decision, if not reconsidered, will have negative consequences
in the employment of Filipino Seafarers overseas which, in turn, might lead to
the demise of the manning industry in the Philippines. As intervenor FAME
puts it:
xxx
7.1 Foreign principals will start looking for alternative sources for seafarers to
man their ships. AS reported by the BIMCO/ISF study, there is an expectancy
that there will be an increasing demand for (and supply of) Chinese
seafarers, with some commentators suggesting that this may be a long-term
alternative to the Philippines. Moreover, the political changes within the
former Eastern Bloc have made new sources of supply available to the
international market. Intervenors recent survey among its members shows
that 50 Philippine manning companies had already lost some 6,300 slots to
other Asian, East Europe and Chinese competition for the last two years;
7.2 The Philippine stands to lose an annual foreign income estimated at U.S.
DOLLARS TWO HUNDRED SEVENTY FOUR MILLION FIVE HUNDRED FORTY
NINE THOUSAND (US$ 274,549,000.00) from the manning industry and
another US DOLLARS FOUR BILLION SIX HUNDRED FIFTY MILLION SEVEN
HUNDRED SIX THOUSAND (US$ 4,650,760,000.00) from the land-based
sector if seafarers and equally situated land-based contract workers will be
declared regular employees;
7.3 Some 195,917 (as of 1998) deployed overseas Filipino seafarers will be
rendered jobless should we lose the market;
7.4 Some 360 manning agencies (as of 30 June 2000) whose principals may
no longer be doing business with them will close their shops;
7.5 The contribution to the Overseas Workers Welfare Administration by the
sector, which is USD 25.00 per contract and translates to US DOLLARS FOUR
MILLION (US$ 4,000,000.00)annually, will be drastically reduced. This is not
to mention the processing fees paid to POEA, Philippine Regulatory
Commission (PRC), Department of Foreign Affairs (DFA) and Maritime
Industry Authority (MARINA) for the documentation of these seafarers;
7.6 Worst, some 195,917 (as of 1998) families will suffer socially and
economically, as their breadwinners will be rendered jobless; and
7.7 It will considerably slow down the governments program of employment
generation, considering that, as expected foreign employers will now avoid
hiring Filipino overseas contract workers as they will become regular
employees with all its concomitant effects.[15]
Significantly, the Office of the Solicitor General, in a departure from its
original position in this case, has now taken the opposite view. It has
expressed its apprehension in sustaining our decision and has called for a reexamination of our ruling.[16]
Considering all the arguments presented by the private respondents, the
Intervenor FAME and the OSG, we agree that there is a need to reconsider
our position with respect to the status of seafarers which we considered as
regular employees under Article 280 of the Labor Code. We, therefore,
partially grant the second motion for reconsideration.
In Brent School Inc. v. Zamora,[17] the Supreme Court stated that Article 280
of the Labor Code does not apply to overseas employment.
In the light of the foregoing description of the development of the provisions
of the Labor Code bearing on term or fixed-period employment that the
question posed in the opening paragraph of this opinion should now be
addressed. Is it then the legislative intention to outlaw stipulations in
employment contracts laying down a definite period therefor? Are such
stipulations in essence contrary to public policy and should not on this
account be accorded legitimacy?
On the other hand, there is the gradual and progressive elimination of
references to term or fixed-period employment in the Labor Code, and the
specific statement of the rule that:
Regular and Casual Employment The provisions of written agreement to the
contrary notwithstanding and regardless of the oral agreement of the parties,
an employment shall be deemed to be regular where the employee has been
engaged to perform activities which are usually necessary or desirable in the
usual business or trade of the employer except where the employment has
been fixed for a specific project or undertaking the completion or termination
of which has been determined at the time of the engagement of the
employee or where the work or service to be employee is seasonal in nature
and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the
preceding paragraph; provided that, any employee who has rendered at least
one year of service, whether such service is continuous or broken, shall be
considered a regular employee with respect to the activity in which he is
employed and his employment shall continue while such actually exists.
There is, on the other hand, the Civil Code, which has always recognized, and
continues to recognize, the validity and propriety of contracts and obligations
with a fixed or definite period, and imposes no restraints on the freedom of
the parties to fix the duration of a contract, whatever its object, be it specific,
goods or services, except the general admonition against stipulations
contrary to law, morals, good customs, public order or public policy. Under
the Civil code, therefore, and as a general proposition, fixed-term
employment contracts are not limited, as they are under the present Labor
Code, to those by natural seasonal or for specific projects with
predetermined dates of completion; they also include those to which the
parties by free choice have assigned a specific date of termination.
Some familiar examples may be cited of employment contract which
may be neither for seasonal work nor for specific projects, but to
which
a
fixed
term
is
an
essential
and
natural
appurtenance:overseas employment contracts, for one, to which,
whatever the nature of the engagement, the concept of regular
employment with all that it implies does not appear ever to have
been applied.Article 280 of the Labor Code notwithstanding also
appointments to the positions of dean, assistant dean, college secretary,
principal, and other administrative offices in educational institutions, which
are by practice or tradition rotated among the faculty members, and where
fixed terms are a necessity without which no reasonable rotation would be
possible. Similarly, despite the provisions of Article 280, Policy Instructions.
No. 8 of the Minister of Labor implicitly recognize that certain company
officials may be elected for what would amount to fix periods, at the
expiration of which they would have to stand down, in providing that these
officials, xxx may lose their jobs as president, executive vice-president or
vice-president, etc. because the stockholders or the board of directors for
one reason or another did not reelect them.
There can of course be no quarrel with the proposition that where from the
circumstances it is apparent that periods have been imposed to preclude
acquisition of tenurial security by the employee, they should be struck down
or disregard as contrary to public policy, morals, etc. But where no such
intent to circumvent the law is shown, or stated otherwise, where the reason
for the law does not exists, e.g., where it is indeed the employee himself who
insists upon a period or where the nature of the engagement is such that,
without being seasonal or for a specific project, a definite date of termination
is a sine qua non, would an agreement fixing a period be essentially evil or
illicit, therefore anathema? Would such an agreement come within the scope
of Article 280 which admittedly was enacted to prevent the circumvention of
the right of the employee to be secured in xxx his employment
As it is evident from even only the three examples already given that Article
280 of the Labor Code, under a narrow and literal interpretation, not only
fails to exhaust the gamut of employment contracts to which the lack of a
fixed period would be an anomaly, but would also appear to restrict, without
reasonable distinctions, the right of an employee to freely stipulate within his
employer the duration of his engagement, it logically follows that such a
literal interpretation should be eschewed or avoided. The law must be given
a
reasonable
interpretation,
to
preclude
absurdity
in
its
application. Outlawing the whole concept of term employment and
subverting to boot the principle of freedom of contract to remedy the evil of
employers using it as a means to prevent their employees from obtaining
security of tenure is like cutting off the nose to spite the face or, more
relevantly, curing a headache by lopping of the head.
It is a salutary principle in statutory construction that there exists a valid
presumption that undesirable consequences were never intended by a
legislative measure, and that a construction of which the statute is fairly
susceptible is favored, which will avoid all objectionable, mischievous,
indefensible, wrongful, evil, and injurious consequences.
Nothing is better settled than that courts are not to give words a meaning
which would lead to absurd or unreasonable consequences. That is a
principle that goes back to In re Allen decided on October 27, 1902, where it
was held that a literal interpretation is to be rejected if it would be unjust or
lead to absurd results. That is a strong argument against its adoption. The
words of Justice Laurel are particularly apt.Thus: the appellants would lead to
an absurdity is another argument for rejecting it.
Xxx We have, here, then a case where the true intent of the law is clear that
calls for the application of the cardinal rule of statutory construction that
such intent of spirit must prevail over the letter thereof, for whatever is
within the spirit of a statute is within the statute, since adherence to the
letter would result in absurdity, injustice and contradictions and would defeat
the plain and vital purpose of the statute.
Accordingly, and since the entire purpose behind the development
of legislation culminating in the present Article 280 of the Labor
excess of 36, will be distributed to him provided (1) the employee has
completed his last Contract of Enlistment and (2) employee advises the
company in writing, within 30 days, from his last disembarkation date, of his
intention to terminate his employment. (To advise the Company in writing
means that the original letter must be sent to the Companys agent in the
Philippines, a copy sent to the Company in New York).
xxx
C. Other Terminations
When the employment of an employee is terminated by the Company for a
reason other than one in A and B above, without any misconduct on his
part, a percentage of the total amount credited to his account will be
distributed to him in accordance with the following.
Credited Service Percentage
36 months 50%
48 75%
60 100%
When the employment of an employee is terminated due to his poorperformance, misconduct, unavailability, etc., or if employee is not offered
re-engagement for similar reasons, no distribution of any portion of
employees account will ever be made to him (or his eligible survivor[s]).
It must be recalled that on June 21, 1989, Millares wrote a letter to his
employer informing his intention to avail of the optional retirement plan
under the CEIP considering that he has rendered more than twenty (20)
years of continuous service. Lagda, likewise, manifested the same intention
in a letter dated June 26, 1989. Private respondent, however, denied their
requests for benefits under the CEIP since: (1) the contract of enlistment
(COE) did not provide for retirement before 60 years of age; and that (2)
petitioners failed to submit a written notice of their intention to terminate
their employment within thirty (30) days from the last disembarkation date
pursuant to the provision on Voluntary Termination of the CEIP. Petitioners
were eventually dropped from the roster of crew members and on grounds of
abandonment and unavailability for contractual sea service, respectively,
they were disqualified from receiving any benefits under the CEIP.[25]
In our March 14, 2000 Decision, we, however, found that petitioners Millares
and Lagda were not guilty of abandonment or unavailability for contractual
sea service, as we have stated:
The absence of petitioners was justified by the fact that they secured the
approval of private respondents to take a leave of absence after the
termination of their last contracts of enlistment. Subsequently, petitioners
sought
for
extensions
of
their
respective
leaves
of
absence. Granting arguendo that their subsequent requests for extensions
were not approved, it cannot be said that petitioners were unavailable or had
abandoned their work when they failed to report back for assignment as they
were still questioning the denial of private respondents of their desire to avail
of the optional early retirement policy, which they believed in good faith to
exist.[26]
Neither can we consider petitioners guilty of poor performance or misconduct
since they were recipients of Merit Pay Awards for their exemplary
performances in the company.
Anent the letters dated June 21, 1989 (for Millares) and June 26, 1989 (for
Lagda) which private respondent considered as belated written notices of
termination, we find such assertion specious. Notwithstanding, we could
conveniently consider the petitioners eligible under Section III-B of the CEIP
(Voluntary Termination), but this would, however, award them only a measly
amount of benefits which to our mind, the petitioners do not rightfully
deserve under the facts and circumstances of the case. As the CEIP provides:
III. Distribution of Benefits
xxx
E. Distribution of Accounts
When an employee terminates under conditions that would qualify for a
distribution of more than one specified in A, B or C above, the largest single
amount, only, will be distributed.
Since petitioners termination of employment under the CEIP do not fall under
Section III-A (Retirement, Death and Disability) or Section III-B (Voluntary
Termination), nor could they be considered under the second paragraph of
Section III-C, as earlier discussed; it follows that their termination falls under
the first paragraph of Section III-C for which they are entitled to 100% of the
total amount credited to their accounts. The private respondents can not
now renege on their commitment under the CEIP to reward deserving and
loyal employees as the petitioners in this case.
In taking cognizance of private respondents Second Motion for
Reconsideration, the Court hereby suspends the rules to make them
conformable to law and justice and to subserve an overriding public interest.
IN VIEW OF THE FOREGOING, THE COURT Resolved to Partially
GRANT Private Respondents Second Motion for Reconsideration and
Intervenor FAMES Motion for Reconsideration in Intervention. The Decision of
the National Labor Relations Commission dated June 1, 1993 is hereby
REINSTATED with MODIFICATION. The Private Respondents, Trans-Global
Maritime Agency, Inc. and Esso International Shipping Co.,Ltd. are hereby
jointly and severally ORDERED to pay petitioners One Hundred Percent
(100%) of their total credited contributions as provided under the
Consecutive Enlistment Incentive Plan(CEIP).
SO ORDERED.
Republic
SUPREME
Manila
of
the
Philippines
COURT
THIRD DIVISION
G.R. No. 70705 August 21, 1989
MOISES
vs.
NATIONAL LABOR
INC., respondents.
DE
RELATIONS
LEON, petitioner,
COMMISSION
and
LA
TONDE;A
FERNAN, C.J.:
This petition for certiorari seeks to annul and set aside: (1) the majority
decision dated January 28, 1985 of the National Labor Relations Commission
First Division in Case No. NCR- 83566-83, which reversed the Order dated
April 6,1984 of Labor Arbiter Bienvenido S. Hernandez directing the
reinstatement of petitioner Moises de Leon by private respondent La
Tonde;a Inc. with payment of backwages and other benefits due a regular
employee; and, (2) the Resolution dated March 21, 1985 denying petitioner's
motion for reconsideration.
It appears that petitioner was employed by private respondent La Tonde;a
Inc. on December 11, 1981, at the Maintenance Section of its Engineering
Department in Tondo, Manila. 1 His work consisted mainly of painting
company building and equipment, and other odd jobs relating to
maintenance. He was paid on a daily basis through petty cash vouchers.
In the early part of January, 1983, after a service of more than one (1) year,
petitioner requested from respondent company that lie be included in the
payroll of regular workers, instead of being paid through petty cash
vouchers. Private respondent's response to this request was to dismiss
petitioner from his employment on January 16, 1983. Having been refused
reinstatement despite repeated demands, petitioner filed a complaint for
illegal dismissal, reinstatement and payment of backwages before the Office
of the Labor Arbiter of the then Ministry now Department of Labor and
Employment.
Petitioner alleged that he was dismissed following his request to be treated
as a regular employee; that his work consisted of painting company buildings
and maintenance chores like cleaning and operating company equipment,
assisting Emiliano Tanque Jr., a regular maintenance man; and that weeks
after his dismissal, he was re-hired by the respondent company indirectly
through the Vitas-Magsaysay Village Livelihood Council, a labor agency of
respondent company, and was made to perform the tasks which he used to
do. Emiliano Tanque Jr. corroborated these averments of petitioner in his
affidavit. 2
On the other hand, private respondent claimed that petitioner was not a
regular employee but only a casual worker hired allegedly only to paint a
certain building in the company premises, and that his work as a painter
terminated upon the completion of the painting job.
On April 6, 1984, Labor Arbiter Bienvenido S. Hernandez rendered a
decision 3 finding the complaint meritorious and the dismissal illegal; and
ordering the respondent company to reinstate petitioner with full backwages
and other benefits. Labor Arbiter Hernandez ruled that petitioner was not a
mere casual employee as asserted by private respondent but a regular
employee. He concluded that the dismissal of petitioner from the service was
prompted by his request to be included in the list of regular employees and
to be paid through the payroll and is, therefore, an attempt to circumvent the
legal obligations of an employer towards a regular employee.
Labor Arbiter Hernandez found as follows:
After a thorough examination of the records of the case and evaluation of the
evidence and versions of the parties, this Office finds and so holds that the
dismissal of complainant is illegal. Despite the impressive attempt of
respondents to show that the complainant was hired as casual and for the
work on particular project, that is the repainting of Mama Rosa Building,
which particular work of painting and repainting is not pursuant to the
regular business of the company, according to its theory, we find differently.
Complainant's being hired on casual basis did not dissuade from the cold fact
that such painting of the building and the painting and repainting of the
equipment and tools and other things belonging to the company and the odd
jobs assigned to him to be performed when he had no painting and
repainting works related to maintenance as a maintenance man are
necessary and desirable to the better operation of the business company.
Respondent did not even attempt to deny and refute the corroborating
statements of Emiliano Tanque Jr., who was regularly employed by it as a
maintenance man doing same jobs not only of painting and repainting of
building, equipment and tools and machineries or machines if the company
but also other odd jobs in the Engineering and Maintenance Department that
complainant Moises de Leon did perform the same odd jobs and assignments
as were assigned to him during the period de Leon was employed for more
than one year continuously by Id respondent company. We find no reason not
to give credit and weight to the affidavit and statement made therein by
Emiliano Tanque Jr. This strongly confirms that complainant did the work
pertaining to the regular business in which the company had been organized.
Respondent cannot be permitted to circumvent the law on security of tenure
by considering complainant as a casual worker on daily rate basis and after
working for a period that has entitled him to be regularized that he would be
automatically terminated. ... . 4
On appeal, however, the above decision of the Labor Arbiter was reversed by
the First Division of the National Labor Relations Commission by virtue of the
votes of two members 5 which constituted a majority. Commissioner
Geronimo Q. Quadra dissented, voting "for the affirmation of the wellreasoned decision of the Labor Arbiter below." 6 The motion for
reconsideration was denied. Hence, this recourse.
Petitioner asserts that the respondent Commission erred and gravely abuse
its discretion in reversing the Order of the Labor Arbiter in view of the
uncontroverted fact that the tasks he performed included not only painting
but also other maintenance work which are usually necessary or desirable in
the usual business of private respondent: hence, the reversal violates the
Constitutional and statutory provisions for the protection of labor.
The private respondent, as expected, maintains the opposite view and
argues that petitioner was hired only as a painter to repaint specifically the
Mama Rosa building at its Tondo compound, which painting work is not part
of their main business; that at the time of his engagement, it was made clear
to him that he would be so engaged on a casual basis, so much so that he
was not required to accomplish an application form or to comply with the
usual requisites for employment; and that, in fact, petitioner was never paid
his salary through the regular payroll but always through petty cash
vouchers. 7
The Solicitor General, in his Comment, recommends that the petition be
given due course in view of the evidence on record supporting petitioner's
contention that his work was regular in nature. In his view, the dismissal of
petitioner after he demanded to be regularized was a subterfuge to
circumvent the law on regular employment. He further recommends that the
questioned decision and resolution of respondent Commission be annulled
and the Order of the Labor Arbiter directing the reinstatement of petitioner
with payment of backwages and other benefits be upheld. 8
After a careful review of the records of this case, the Court finds merit in the
petition as We sustain the position of the Solicitor General that the reversal
of the decision of the Labor Arbiter by the respondent Commission was
erroneous.
The law on the matter is Article 281 of the Labor Code which defines regular
and casual employment as follows:
Art. 281. Regular and casual employment. The provisions of a written
agreement to the contrary notwithstanding and regardless of the oral
agreements of the parties, an employment shall be deemed to be regular
where the employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the employer,
except where the employment has been fixed for a specific project or
undertaking the completion or termination of which has been determined at
the time of the engagement of the employee or where the work or services
to be performed is seasonal in nature and the employment is for the duration
of the season.
An employment shall be deemed to be casual if it is not covered by the
preceding paragraph: Provided, That any employee who has rendered at
least one year of service, whether such service is continuous or broken, shall
be considered a regular employee with respect to the activity in which he is
employed and his employment shall continue while such actually exists.
This provision reinforces the Constitutional mandate to protect the interest of
labor. Its language evidently manifests the intent to safeguard the tenurial
interest of the worker who may be denied the rights and benefits due a
regular employee by virtue of lopsided agreements with the economically
powerful employer who can maneuver to keep an employee on a casual
status for as long as convenient. Thus, contrary agreements notwithstanding,
an employment is deemed regular when the activities performed by the
employee are usually necessary or desirable in the usual business or trade of
the employer. Not considered regular are the so-called "project employment"
the completion or termination of which is more or less determinable at the
time of employment, such as those employed in connection with a particular
construction project 9 and seasonal employment which by its nature is only
desirable for a limited period of time. However, any employee who has
rendered at least one year of service, whether continuous or intermittent, is
deemed regular with respect to the activity he performed and while such
activity actually exists.
THIRD DIVISION
[G.R. No. 141093. February 20, 2001]
PRUDENTIAL BANK and TRUST COMPANY, petitioner, vs. CLARITA T.
REYES, respondent.
DECISION
GONZAGA-REYES, J.:
Before the Court is a petition for review on certiorari of the Decision,[1] dated
October 15, 1999 of the Court of Appeals in C.A.-G.R. SP No. 30607 and of its
Resolution, dated December 6, 1999 denying petitioners motion for
reconsideration of said decision. The Court of Appeals reversed and set aside
the resolution[2] of the National Labor Relations Commission (NLRC) in NLRC
NCR CA No. 009364-95, reversing and setting aside the labor arbiters
decision and dismissing for lack of merit private respondents complaint.[3]
The case stems from NLRC NCR Case No. 00-06-03462-92, which is a
complaint for illegal suspension and illegal dismissal with prayer for moral
and exemplary damages, gratuity, fringe benefits and attorneys fees filed by
Clarita Tan Reyes against Prudential Bank and Trust Company (the Bank)
before the labor arbiter. Prior to her dismissal, private respondent Reyes held
the position of Assistant Vice President in the foreign department of the
Bank, tasked with the duties, among others, to collect checks drawn against
overseas banks payable in foreign currency and to ensure the collection of
foreign bills or checks purchased, including the signing of transmittal letters
covering the same.
After proceedings duly undertaken by the parties, judgment was rendered by
Labor Arbiter Cornelio L. Linsangan, the dispositive portion of which reads:
WHEREFORE, finding the dismissal of complainant to be without factual and
legal basis, judgment is hereby rendered ordering the respondent bank to
pay her back wages for three (3) years in the amount of P540,000.00
(P15,000.00 x 36 mos.). In lieu of reinstatement, the respondent is also
ordered to pay complainant separation pay equivalent to one month salary
for every year of service, in the amount of P420,000.00 (P15,000 x 28
mos.). In addition, the respondent should also pay complainant profit sharing
and unpaid fringe benefits. Attorneys fees equivalent to ten (10%) percent of
the total award should likewise be paid by respondent.
SO ORDERED.[4]
Not satisfied, the Bank appealed to the NLRC which, as mentioned at the
outset, reversed the Labor Arbiters decision in its Resolution dated 24 March
1997. Private respondent sought reconsideration which, however, was denied
by the NLRC in its Resolution of 28 July 1998. Aggrieved, private respondent
commenced on October 28, 1998, a petition for certiorari before the
Supreme Court.[5] The subject petition was referred to the Court of
Appeals for appropriate action and disposition per resolution of this Court
dated November 25, 1998, in accordance with the ruling in St. Martin
Funeral Homes vs. NLRC.[6]
In its assailed decision, the Court of Appeals adopted the following
antecedent facts leading to Reyess dismissal as summarized by the NLRC:
The auditors of the Bank discovered that two checks, No. 011728-7232-146,
in the amount of US$109,650.00, and No. 011730-7232-146, in the amount
of US$115,000.00, received by the Bank on April 6, 1989, drawn by the
Sanford Trading against Hongkong and Shanghai Banking Corporation, Jurong
Branch, Singapore, in favor of Filipinas Tyrom, were not sent out for collection
to Hongkong Shanghai Banking Corporation on the alleged order of the
complainant until the said checks became stale.
The Bank created a committee to investigate the findings of the auditors
involving the two checks which were not collected and became stale.
On March 8, 1991, the president of the Bank issued a memorandum to the
complainant informing her of the findings of the auditors and asked her to
give her side. In reply, complainant requested for an extension of one week
to submit her explanation. In a subsequent letter, dated March 14, 1991, to
the president, complainant stated that in view of the refusal of the Bank that
she be furnished copies of the pertinent documents she is requesting and the
refusal to grant her a reasonable period to prepare her answer, she was
constrained to make a general denial of any misfeasance or malfeasance on
her part and asked that a formal investigation be made.
As the complainant failed to attend and participate in the formal
investigation conducted by the Committee on May 24, 1991, despite due
notice, the Committee proceeded with its hearings and heard the testimonies
of several witnesses.
The Committees findings were:
a) The two (2) HSBC checks were received by the Foreign Department on 6
April 1989. On the same day, complainant authorized the crediting of the
account of Filipinas Tyrom in the amount of P4,780,102.70 corresponding to
the face value of the checks, (Exhibits 6, 22 to 22-A and 23 to 23-A). On the
following day, a transmittal letter was prepared by Ms. Cecilia Joven, a
remittance clerk then assigned in the Foreign Department, for the purpose of
sending out the two (2) HSBC checks for collection. She then requested
complainant to sign the said transmittal letters (Exhibits 1, 7 and 25; TSN, 11
March 1993, pp. 42-52), as it is complainant who gives her instructions
directly concerning the transmittal of foreign bills purchased. All other
transmittal letters are in fact signed by complainant.
b) After Ms. Joven delivered the transmittal letters and the checks to the
Accounting Section of the Foreign Department, complainant instructed her to
withdraw the same for the purpose of changing the addressee thereon from
American Express Bank to Bank of Hawaii (ibid.) under a special collection
scheme (Exhibits 4 and 5 to 5-B).
c) After complying with complainants instruction, Ms. Joven then returned to
complainant for the latter to sign the new transmittal letters. However,
complainant told Ms. Joven to just hold on to the letters and checks and
await further instructions (ibid.). Thus, the new transmittal letters remained
unsigned. (See Exhibits 5 to 5-B).
d) In June 1989, Ms. Joven was transferred to another department. Hence,
her duties, responsibilities and functions, including the responsibility over the
two (2) HSBC checks, were turned over to another remittance clerk, Ms.
Analisa Castillo (Exhibit 14; TSN, 4 June 1993, pp. 27-29).
e) When asked by Ms. Castillo about the two (2) HSBC checks, Ms. Joven
relayed to the latter complainants instruction (Exhibit 14; TSN, 4 June 1993,
p. 42).
f) About fifteen (15) months after the HSBC checks were received by the
Bank, the said checks were discovered in the course of an audit conducted
by the Banks auditors. Atty. Pablo Magno, the Banks legal counsel, advised
complainant to send the checks for collection despite the lapse of fifteen (15)
months.
g) Complainant, however, deliberately withheld Atty. Magnos advice from her
superior, the Senior Vice-President, Mr. Renato Santos and falsely informed
the latter that Atty. Magno advised that a demand letter be sent instead,
thereby further delaying the collection of the HSBC checks.
h) On 10 July 1990, the HSBC checks were finally sent for collection, but were
returned on 16 July 1990 for the reason account closed (Exhibits 2-A and 3A).
After a review of the Committees findings, the Board of Directors of the Bank
resolved not to re-elect complainant any longer to the position of assistant
president pursuant to the Banks By-laws.
Petitioner Bank can no longer raise the issue of jurisdiction under the
principle of estoppel. The Bank participated in the proceedings from start to
finish. It filed its position paper with the Labor Arbiter.When the decision of
the Labor Arbiter was adverse to it, the Bank appealed to the NLRC. When
the NLRC decided in its favor, the bank said nothing about jurisdiction. Even
before the Court of Appeals, it never questioned the proceedings on the
ground of lack of jurisdiction. It was only when the Court of Appeals ruled in
favor of private respondent did it raise the issue of jurisdiction. The Bank
actively participated in the proceedings before the Labor Arbiter, the NLRC
and the Court of Appeals. While it is true that jurisdiction over the subject
matter of a case may be raised at any time of the proceedings, this rule
presupposes that laches or estoppel has not supervened. In this
regard, Baaga vs. Commission on the Settlement of Land Problems,[11] is
most enlightening. The Court therein stated:
This Court has time and again frowned upon the undesirable practice of a
party submitting his case for decision and then accepting the judgment, only
if favorable, and attacking it for lack of jurisdiction when adverse. Here, the
principle of estoppel lies. Hence, a party may be estopped or barred from
raising the question of jurisdiction for the first time in a petition before the
Supreme Court when it failed to do so in the early stages of the proceedings.
Undeterred, the Bank also contends that estoppel cannot lie considering that
from the beginning, petitioner Bank has consistently asserted in all its
pleadings at all stages of the proceedings that respondent held the position
of Assistant Vice President, an elective position which she held by virtue of
her having been elected as such by the Board of Directors. As far as the
records before this Court reveal however, such an assertion was made only
in the appeal to the NLRC and raised again before the Court of Appeals, not
for purposes of questioning jurisdiction but to establish that private
respondents tenure was subject to the discretion of the Board of Directors
and that her non-reelection was a mere expiration of her term. The Bank
insists that private respondent was elected Assistant Vice President
sometime in 1990 to serve as such for only one year. This argument will not
do either and must be rejected.
It appears that private respondent was appointed Accounting Clerk by the
Bank on July 14, 1963. From that position she rose to become
supervisor. Then in 1982, she was appointed Assistant Vice-President which
she occupied until her illegal dismissal on July 19, 1991. The banks
contention that she merely holds an elective position and that in effect she is
not a regular employee is belied by the nature of her work and her length of
service with the Bank. As earlier stated, she rose from the ranks and has
been employed with the Bank since 1963 until the termination of her
employment in 1991. As Assistant Vice President of the foreign department
of the Bank, she is tasked, among others, to collect checks drawn against
overseas banks payable in foreign currency and to ensure the collection of
foreign bills or checks purchased, including the signing of transmittal letters
covering the same. It has been stated that the primary standard of
determining regular employment is the reasonable connection between the
particular activity performed by the employee in relation to the usual trade
or business of the employer. [12] Additionally, an employee is regular because
of the nature of work and the length of service, not because of the mode or
even the reason for hiring them.[13] As Assistant Vice-President of the Foreign
Department of the Bank she performs tasks integral to the operations of the
bank and her length of service with the bank totaling 28 years speaks
volumes of her status as a regular employee of the bank. In fine, as a regular
employee, she is entitled to security of tenure; that is, her services may be
terminated only for a just or authorized cause. [14] This being in truth a case of
illegal dismissal, it is no wonder then that the Bank endeavored to the very
end to establish loss of trust and confidence and serious misconduct on the
part of private respondent but, as will be discussed later, to no avail.
This brings us to the second issue wherein the Bank insists that it has
presented substantial evidence to prove the breach of trust on the part of
doubtful. In the first place, the said instruction constitutes a gross violation of
the banks standard operating procedure. Moreover, Ms. Joven was fully
aware that the instruction, if carried out, will greatly prejudice her employer
bank. It was incumbent upon Ms. Joven not only to disobey the instruction
but even to report the matter to management, if same was really given to
her by complainant.
Our doubt on the veracity of Ms. Jovens allegation even deepens as we
consider the fact that when the non-release of the checks was discovered by
Ms. Castillo the former contented herself by continuously not taking any
action on the two dollar checks. Worse, Ms. Joven even impliedly told by Ms.
Castillo (sic) to ignore the two checks and just withhold their release. In her
affidavit Ms. Castillo said:
4. When I asked Cecille Joven what I was supposed to do with those checks,
she said the same should be held as per instruction of Mrs. Reyes. (Exh. 14,
supra).
The evidence shows that it was only on 16 May 1990 that Ms. Joven broke
her silence on the matter despite the fact that on 15 November 1989, at
about 8:00 p.m. the complainant, accompanied by driver Celestino Banito,
went to her residence and confronted her regarding the non-release of the
dollar checks. It took Ms. Joven eighteen (18) months before she explained
her side on the controversy. As to what prompted her to make her letter of
explanation was not even mentioned.
On the other hand, the actions taken by the complainant were
spontaneous. When complainant was informed by Mr. Castor and Ms. Castillo
regarding the non-release of the checks sometime in November, 1989 she
immediately reported the matter to Vice President Santos, Head of the
Foreign Department. And as earlier mentioned, complainant went to the
residence of Ms. Joven to confront her. In this regard, Celestino Bonito,
complainants driver, stated in his affidavit, thus:
1. Sometime on November 15, 1989 at about 7:00 oclock in the evening,
Mrs. Clarita Tan Reyes and I were in the residence of one Ms. Cecille Joven,
then a Processing Clerk in the Foreign Department of Prudential Bank;
2. Ms. Cecille Joven, her mother, myself, and Mrs. Clarita Tan Reyes were
seated in the sala when the latter asked the former, Ms. Cecille Joven, how it
came about that the two dollar checks which she was then holding with the
transmittal letters, were found in a plastic envelope kept day-to-day by the
former;
3. Hesitatingly, Cecille Joven said: Eh, Mother (Mrs. Tan Reyes had been
intimately called Mother in the Bank) akala ko bouncing checks yon mga yon.
4. Mrs. Clarita Tan Reyes, upon hearing those words, was surprised and she
said: Ano, papaano mong alam na bouncing na hindi mo pa pinadadala;
5. Mrs. Cecille Joven turned pale and was not able to answer.
There are other factors that constrain this Office to doubt even more the
legality of complainants dismissal based on the first ground stated in the
letter of dismissal. The non-release of the dollar checks was reported to top
management sometime on 15 November 1989 when complainant,
accompanied by Supervisor Dante Castor and Analiza Castillo, reported the
matter to Vice President Santos. And yet, it was only on 08 March 1991, after
a lapse of sixteen (16) months from the time the non-release of the checks
was reported to the Vice President, that complainant was issued a
FIRST DIVISION
[G. R. No. 148492. May 9, 2003]
BUENAVENTURA C. MAGSALIN & COCA-COLA BOTTLERS PHILS.,
INC., petitioners, vs. NATIONAL ORGANIZATION OF WORKING MEN
In its decision of 11 August 2000, the Court of Appeals reversed and set
aside the ruling of the voluntary arbitrator, it concluded WHEREFORE, the assailed decision of the Voluntary Arbitrator is hereby
REVERSED and SET ASIDE and anew one is entered:
1. Declaring petitioners as regular employees of Coca-Cola Bottlers Phils.,
Inc. and their dismissal from employment as illegal;
2. Ordering respondent Coca-Cola Bottlers Phils., Inc. to reinstate petitioners
to their former positions with full backwages, inclusive of allowances that
petitioners had been receiving during their employment and 13 th month pay,
computed from the date of their termination up to the time of their actual
reinstatement (Paramount Vinyl Product Corp. vs. NLRC, 190 SCRA 526). [2]
Petitioner companys motion for reconsideration was denied in a resolution,
dated 21 May 2001, of the appellate court.
The focal issues revolve around the matter of whether or not the nature of
work of respondents in the company is of such nature as to be deemed
necessary and desirable in the usual business or trade of petitioner that
could qualify them to be regular employees.
The basic law on the case is Article 280 of the Labor Code. Its pertinent
provisions read:
Art. 280. Regular and Casual Employment. The provisions of written
agreement to the contrary notwithstanding and regardless of the oral
agreement of the parties, an employment shall be deemed to be regular
where the employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the employer,
except where the employment has been fixed for a specific project or
undertaking the completion or termination of which has been determined at
the time of the engagement of the employee or where the work or services
to be performed is seasonal in nature and the employment is for the duration
of the season.
An employment shall be deemed to be casual if it is not covered by the
preceding paragraph: Provided, That, any employee who has rendered at
least one year of service, whether such service is continuous or broken, shall
be considered a regular employee with respect to the activity in which he is
employed and his employment shall continue while such activity exists.
Coca-Cola Bottlers Phils., Inc., is one of the leading and largest
manufacturers of softdrinks in the country. Respondent workers have long
been in the service of petitioner company.Respondent workers, when hired,
would go with route salesmen on board delivery trucks and undertake the
laborious task of loading and unloading softdrink products of petitioner
company to its various delivery points.
Even while the language of law might have been more definitive, the clarity
of its spirit and intent, i.e., to ensure a regular workers security of tenure,
however, can hardly be doubted. In determining whether an employment
should be considered regular or non-regular, the applicable test is the
reasonable connection between the particular activity performed by the
employee in relation to the usual business or trade of the employer. The
standard, supplied by the law itself, is whether the work undertaken is
necessary or desirable in the usual business or trade of the employer, a fact
that can be assessed by looking into the nature of the services rendered and
its relation to the general scheme under which the business or trade is
pursued in the usual course. It is distinguished from a specific undertaking
a release, waiver and quitclaim and received from petitioner company the
amount of fifteen thousand (P15,000.00) pesos each. The amount accords
with the disposition of the case by the voluntary arbitrator thusly:
WHEREFORE, above premises considered, the herein complaint is hereby
DISMISSED for lack of merit.
However, we cannot completely negate the fact that complainants did and
do actually render services to the Company. It is with this in mind and
considering the difficulty the complainants may face in looking for another
job in case they are no longer re-engaged that we direct the company to pay
complainants Fifteen Thousand Pesos each (P15,000.00) as financial
assistance. It is however understood that the financial assistance previously
extended by the Company to some of the complainants shall be deducted
from the financial assistance herein awarded.[7]
The receipt of the amount awarded by the voluntary arbitrator, as well as the
execution of a release, waiver and quitclaim, is, in effect, an acceptance of
said decision. There is nothing on record which could indicate that the
execution thereof by thirty-six (36) of the respondent workers has been
attended by fraud or deceit. While quitclaims executed by employees are
commonly frowned upon as being contrary to public policy and are
ineffective to bar claims for the full measure of their legal rights, there are,
however, legitimate waivers that represent a voluntary and reasonable
settlement of laborers claims which should be so respected by the Court as
the law between the parties.[8] Where the person making the waiver has done
so voluntarily, with a full understanding thereof, and the consideration for
the quitclaim is credible and reasonable, the transaction must be recognized
as being a valid and binding undertaking.Dire necessity is not an acceptable
ground for annulling the release, when it is not shown that the employee has
been forced to execute it.[9]
WHEREFORE, the questioned decision of the Court of Appeals, in CA-G.R. SP
No. 47872 is hereby AFFIRMED with MODIFICATION in that the Release,
Waiver and Quitclaim executed by the thirty-six (36) individual respondents
are hereby declared VALID and LEGAL.
SO ORDERED.
Republic
SUPREME
Manila
of
the
Philippines
COURT
FIRST DIVISION
CRUZ, J.:
The employer has absolute discretion in hiring his employees in accordance
with his standards of competence and probity. This is his prerogative. Once
hired, however, the employees are entitled to the protection of the law even
during the probation period and more so after they have become members
of the regular force. The employer does not have the same freedom in the
hiring of his employees as in their dismissal.
Elena Honasan applied for employment with the Holiday Inn and was on April
15, 1991, accepted for "on-the-job training" as a telephone operator for a
period of three weeks. 1 For her services, she received food and
transportation allowance. 2 On May 13, 1992, after completing her training,
she was employed on a "probationary basis" for a period of six months
ending
November
12,
3
1991.
Her employment contract stipulated that the Hotel could terminate her
probationary employment at any time prior to the expiration of the six-month
period in the event of her failure (a) to learn or progress in her job; (b) to
faithfully observe and comply with the hotel rules and the instructions and
orders of her superiors; or (c) to perform her duties according to hotel
standards.
On November 8, 1991, four days before the expiration of the stipulated
deadline, Holiday Inn notified her of her dismissal, on the ground that her
performance had not come up to the standards of the Hotel. 4
Through counsel, Honasan filed a complaint for illegal dismissal, claiming
that she was already a regular employee at the time of her separation and so
was entitled to full security of tenure. 5 The complaint was dismissed on April
22, 1992 by the Labor Arbiter, 6 who held that her separation was justified
under Article 281 of the Labor Code providing as follows:
Probationary employment shall not exceed six (6) months from the date the
employee started working, unless it is covered by an apprenticeship
agreement stipulating a longer period. The services of an employee who has
been engaged on a probationary basis may be terminated for a just cause or
when he fails to qualify as a regular employee in accordance with reasonable
standards made known by the employer to the employee at the time of his
engagement. An employee who is allowed to work after a probationary
period shall be considered a regular employee.
On appeal, this decision was reversed by the NLRC, which held that Honasan
had become a regular employee and so could not be dismissed as a
probationer. 7 In its own decision dated November 27, 1992, the NLRC
ordered the petitioners to reinstate Honasan "to her former position without
loss of seniority rights and other privileges with backwages without
deduction and qualification." Reconsideration was denied in a resolution
dated January 26, 1993. 8
The petitioners now fault the NLRC for having entertained Honasan's appeal
although it was filed out of time and for holding that Honasan was already a
regular employee at the time of her dismissal, which was made 4 days days
before the expiration of the probation period.
The petition has no merit.
On the timeliness of the appeal, it is well-settled that all notices which a
party is entitled to receive must be coursed through his counsel of record.
Consequently, the running of the reglementary period is reckoned from the
date of receipt of the judgment by the counsel of the appellant. 9 Notice to
the appellant himself is not sufficient notice. 10 Honasan's counsel received
the decision of the Labor Arbiter on May 18, 1992. 11 Before that, however,
the appeal had already been filed by Honasan herself, on May 8, 1992. 12 The
petitioners claim that she filed it on the thirteenth but this is irrelevant. Even
if the latter date was accepted, the appeal was nevertheless still filed on
time, in fact even before the start of the reglementary period.
On the issue of illegal dismissal, we find that Honasan was placed by the
petitioner on probation twice, first during her on-the-job training for three
weeks, and next during another period of six months, ostensibly in
accordance with Article 281. Her probation clearly exceeded the period of six
months prescribed by this article.
Probation is the period during which the employer may determine if the
employee is qualified for possible inclusion in the regular force. In the case at
bar, the period was for three weeks, during Honasan's on-the-job training.
When her services were continued after this training, the petitioners in effect
recognized that she had passed probation and was qualified to be a regular
employee.
Honasan was certainly under observation during her three-week on-the-job
training. If her services proved unsatisfactory then, she could have been
dropped as early as during that period. But she was not. On the contrary, her
services were continued, presumably because they were acceptable,
although she was formally placed this time on probation.
Even if it be supposed that the probation did not end with the three-week
period of on-the-job training, there is still no reason why that period should
not be included in the stipulated six-month period of probation. Honasan was
accepted for on-the-job training on April 15, 1991. Assuming that her
probation could be extended beyond that date, it nevertheless could
continue only up to October 15, 1991, after the end of six months from the
earlier date. Under this more lenient approach, she had become a regular
employee of Holiday Inn and acquired full security of tenure as of October
15, 1991.
The consequence is that she could no longer be summarily separated on the
ground invoked by the petitioners. As a regular employee, she had acquired
the protection of Article 279 of the Labor Code stating as follows:
Art. 279. Security of Tenure In cases of regular employment, the employer
shall not terminate the services of an employee except for a just cause or
when authorized by this Title. An employee who is unjustly dismissed from
work shall be entitled to reinstatement without loss of seniority rights and
other privileges and to his full backwages, inclusive of allowances, and to his
other benefits or their monetary equivalent computed from the time his
compensation was withheld from him up to the time of his actual
reinstatement.
The grounds for the removal of a regular employee are enumerated in
Articles 282, 283 and 284 of the Labor Code. The procedure for such removal
is prescribed in Rule XIV, Book V of the Omnibus Rules Implementing the
Labor Code. These rules were not observed in the case at bar as Honasan
was simply told that her services were being terminated because they were
found to be unsatisfactory. No administrative investigation of any kind was
undertaken to justify this ground. She was not even accorded prior notice, let
alone a chance to be heard.
We find in the Hotel's system of double probation a transparent scheme to
circumvent the plain mandate of the law and make it easier for it to dismiss
its employees even after they shall have already passed probation. The
petitioners had ample time to summarily terminate Honasan's services
during her period of probation if they were deemed unsatisfactory. Not
having done so, they may dismiss her now only upon proof of any of the
legal grounds for the separation of regular employees, to be established
according to the prescribed procedure.
The policy of the Constitution is to give the utmost protection to the working
class when subjected to such maneuvers as the one attempted by the
petitioners. This Court is fully committed to that policy and has always been
quick to rise in defense of the rights of labor, as in this case.
WHEREFORE, the petition is DISMISSED, with costs against petitioners. It is
so ordered.
Republic
SUPREME
Manila
of
the
Philippines
COURT
EN BANC
NOCON, J.:
The is a petition for certiorari seeking the reversal of the resolution of public
respondent National Labor Relations Commission dated November 29, 1990,
in NLRC Case No. 01-04-0056-89, which affirmed in toto the decision of the
Labor Arbiter dated February 28,1990.
The antecedent facts are, a follows:
Private respondents Dangwa Bentrez, Roland Picart, Apollo Ribaya, Sr.,
Ruperta Ribaya, Virginia Boado, Cecilia Emocling, Jane Bentrez, Leila
Dominguez, Rose Ann Bermudez and Lucia Chan were all employed as
teachers on probationary basis by petitioner Pines City Educational Center,
represented in this proceedings by its President, Eugenio Baltao. With the
exception of Jane Bentrez who was hired as a grade school teacher, the
remaining private respondents were hired as college instructors. All the
private respondents, except Roland Picart and Lucia Chan, signed contracts
of employment with petitioner for a fixed duration. On March 31, 1989, due
to the expiration of private respondents' contracts and their poor
performance as teachers, they were notified of petitioners' decision not to
renew their contracts anymore.
On April 10, 1989, private respondents filed a complaint for illegal dismissal
before the Labor Arbiter, alleging that their dismissals were without cause
and in violation of due process. Except for private respondent Leila
Dominguez who worked with petitioners for one semester, all other private
respondents were employed for one to two years. They were never informed
in writing by petitioners regarding the standards or criteria of evaluation so
as to enable them to meet the requirements for appointment as regular
employees. They were merely notified in writing by petitioners, through its
chancellor, Dra. Nimia R. Concepcion, of the termination of their respective
services as on March 31, 1989, on account of their below-par performance as
teachers.
For their part, petitioners contended that private respondents' separation
from employment, apart from their poor performance, was due to the
expiration of the periods stipulated in their respective contracts. In the case
of private respondent Dangwa Bentrez, the duration of his employment
contract was for one year, or beginning June, 1988 to March 1989 whereas in
the case of the other private respondents, the duration of their employment
contracts was for one semester, or beginning November, 1988 to March
1989. These stipulations were the laws that governed their relationships, and
there was nothing in said contracts which was contrary to law, morals, good
customs and public policy. They argued further that they cannot be
compelled o enter into new contracts with private respondents. they
concluded that the separation of private respondents from the service was
justified.
On February 28, 1990, the Labor Arbiter rendered judgment in favor of
private respondents, the dispositive portion of which reads:
WHEREFORE, in the light of the foregoing considerations, judgment is hereby
rendered ORDERING the respondents to reinstate the complainants
immediately to their former positions and to pay their full backwages and
other benefits and privileges without qualification and deduction from the
time they were dismissed up to their actual reinstatement.
Thus respondents should pay complainants the following:
BACKWAGES
NOTE: Computation covers only the period complainants were terminated up
to January 31, 1990 or 10 months and does not include backwages from
January 31, 1990 up to their actual reinstatement.
1) ROLAND PICART
a)
Latest
salary
per
b)
Multiplied
by
(March
31,
1989
to
January
31,
month
period
1990)
x
P2,136.00
covered
10
months
2) LUCIA CHAN
a)
Latest
salary
b)
Multiplied
by
period
per
covered
month
x
10
P1,600.00
months
per
covered
month
x
10
P1,648.24
months
per
covered
month
x
10
P1,856.00
months
per
covered
month
x
10
P1,648.00
months
per
covered
month
x
10
P2,600.00
months
per
covered
month
x
10
P1,700.00
months
per
covered
month
x
10
P1,315.44
months
3) LEILA DOMINGUEZ
a)
Latest
salary
b)
Multiplied
by
period
Latest
ultiplied
salary
by
period
c) Equals backwages due P13,154.40
9) APOLLO RIBAYA
a)
Latest
salary
per
b)
Multiplied
by
period
covered
month
x
10
P1,875.00
months
month
x
10
P1,648.24
months
per
covered
SUMMARY
1)
Roland
Picart
2)
Lucia
Chan
3)
Leila
Dominguez
4)
Ruperta
Ribaya
5)
Cecilia
Emocling
6)
Rose
Ann
Bermudez
7)
Dangwa
Bentrez
8)
Jane
Bentrez
9)
Apollo
Ribaya
10)
Virginia
Boado
21,360.00
16,000.00
16,482.40
18,560.00
16,480.00
26,000.00
17,000.00
13,154.40
18,750.00
16,482.40
Complainants claims for indemnity pay, premium pay for holidays and rest
days, illegal deduction, 13th month pay and underpayment are hereby
DENIED for lack of merit.
SO ORDERED. 1
In support of this decision, the Labor Arbiter rationalized that the teacher's
contracts 2 are vague and do not include the specific description of duties
and assignments of private respondents. They do not categorically state that
there will be no renewal because their appointments automatically terminate
at the end of the semester. Petitioners did not present any written evidence
to substantiate their allegation that the Academic Committee has evaluated
private respondents' performance during their one semester employment.
On the contrary, they were hastily dismissed.
On appeal to the National Labor Relations Commission, the decision was
affirmed in toto in its resolution dated November 29, 1990, with the
additional reasoning that "the stipulation in the contract providing for a
definite period in the employment of complainant is obviously null and void,
as such stipulation directly assails the safeguards laid down in Article 280 (of
the Labor Code), 3 which explicitly abhors the consideration of written or oral
agreements pertaining to definite period in regular employments. 4 Hence,
the present petition for certiorari with prayer for the issuance of a temporary
restraining order.
As prayed for, this Court issued a temporary restraining order on March 11,
1991, enjoining respondents from enforcing the questioned resolution. 5
Petitioners raise this sole issue: "THAT THERE IS PRIMA FACIE EVIDENCE OF
GRAVE ABUSE OF DISCRETION ON THE PART OF THE LABOR ARBITER BY