Title
Carpio vs. Modair Manila Co. Ltd., Inc.
Case
G.R. No. 239622
Decision Date
Jun 21, 2021
Ruben Carpio, employed by Modair from 1998-2013, was deemed a regular employee due to repeated re-hiring and vital role, but his dismissal was lawful upon project completion.

Case Digest (G.R. No. 239622)
Expanded Legal Reasoning Model

Facts:

  • Parties and Procedural Posture
    • Ruben Carpio filed a Petition for Review on Certiorari (July 18, 2018) assailing the Court of Appeals’ Decision (Dec. 27, 2017) and Resolution (Apr. 30, 2018) in CA-G.R. SP No. 143736.
    • The CA had granted Modair Manila’s certiorari petition, setting aside the NLRC’s Decision (Sept. 29, 2015; Resolution Oct. 30, 2015) which affirmed Carpio’s regular status and ordered his reinstatement.
  • Carpio’s Employment History
    • Certificate of Employment (May 23, 2013) – Carpio was “contractor’s employee (per project basis), Electrician 3” from Oct. 27, 1998 to Apr. 10, 2013.
    • Project engagements and terminations by Memoranda:
      • IBIDEN Back End Expansion Project (terminated Aug. 15, 2008)
      • PIL Green Construction Project (terminated Dec. 15, 2009)
      • FAC D. UTIL Works Project (terminated Oct. 9, 2010)
      • IBIDEN CPU S3 Project (terminated Aug. 10, 2012; Quitclaim Aug. 25, 2012)
      • NYK Tech Park Project (Aug. 26, 2012–Apr. 10, 2013; Project Agreement Aug. 8, 2012; Quitclaims Apr. 25 & May 24, 2013)
      • Alleged FUNAI Project Agreement (Dec. 11, 2013) with petty cash advances, desistance affidavit, and quitclaim.
  • Proceedings Below
    • Labor Arbiter Decision (Mar. 12, 2015): dismissed Carpio’s complaint for illegal dismissal and regularization, ruling he was project-based post-2000 resignation.
    • NLRC Decision (Sept. 29, 2015) & Resolution (Oct. 30, 2015): reversed Arbiter, declared Carpio a regular employee since 1998, ordered reinstatement without backwages.
    • Court of Appeals Decision (Dec. 27, 2017) & Resolution (Apr. 30, 2018): granted Modair’s certiorari, reinstated Arbiter, ruled Carpio project-based.

Issues:

  • Whether Carpio was a project-based or regular employee of Modair.
  • Whether Carpio was illegally dismissed.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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