Case Digest (G.R. No. 235534)
Facts:
Edward R. Anonuevo v. CBK Power Company, Ltd., G.R. No. 235534, January 23, 2023, Supreme Court Third Division, Singh, J., writing for the Court. Petitioner Edward R. Anonuevo sued respondents CBK Power Company, Ltd. (CBK), its Chief Administrative Officer Hiroshi Tanimura, its Vice‑President for Administration Servillano Dunglao, and intervenor TCS Manpower Services, Inc. (TCS) for illegal dismissal, regularization, attorney’s fees, and moral and exemplary damages.On July 14, 2008 Anonuevo began working at CBK’s Kalayaan Power Plant after being referred by Rolpson Enterprise (Rolpson), a manpower provider; he alleged he became a regular employee of CBK from his first day because no written contract with Rolpson existed. In June 2010 his payroll was shifted to TCS and he signed temporary employment contracts with TCS in March 2011. On December 14, 2012 TCS informed him his employment would terminate effective December 31, 2012 due to expiration of TCS’s service contract with CBK; on December 19, 2012 he was escorted out of CBK premises and told he was terminated.
Anonuevo filed his complaint on January 3, 2013. The Labor Arbiter dismissed the complaint on June 20, 2013, finding TCS a legitimate contractor and no employer‑employee relationship with CBK. The National Labor Relations Commission (NLRC) affirmed that decision on October 21, 2013. Anonuevo filed a petition for certiorari with the Court of Appeals (CA) docketed as CA‑G.R. SP No. 134064; the CA dismissed the petition in a June ...(Pro-only)
Issues:
- Did the Court of Appeals err in holding that the NLRC did not commit grave abuse of discretion in finding that Anonuevo was not a regular employee of CBK?
- If the NLRC erred, was Anonuevo an employee of CBK by virtue of labor‑only contracting by Rolpson and/or TCS?
- If Anonuevo is CBK’s employee, was his termination illegal and what...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)