Case Digest (G.R. No. 228671)
Facts:
Expedition Construction Corporation, et al., G.R. No. 228671, December 14, 2017, First Division, Del Castillo, J., writing for the Court. Petitioners are Expedition Construction Corporation and its officers Simon Lee Paz (CEO) and Jordan/Jourdan Jimenez (Operations Manager); respondents are fifteen former garbage truck drivers: Alexander M. Africa, Mardy Malapit, Jesus Eser, Jacob Rongcales, Jonamel Caro, Alfredo Riles, Reynaldo Garcia, Freddie Dela Cruz, Junie Aquiban, Crisincio/Cresencio Garcia, Dino Aquiban, Samuel Pillos, Jeffrey A. Valenzuela, Erwin Velasquez Hallare, and William Ramos Dagdag.Respondents filed separate complaints with the Labor Arbiter (consolidated later) alleging illegal dismissal and various money claims (underpayment, unpaid premiums and benefits, illegal deductions, damages, and attorney’s fees) after they were prevented from entering Expedition’s premises in August 2013. They asserted they were regular employees who worked long hours for many years and were paid irregularly; petitioners contended respondents were not employees but independent contractors or project employees paid per trip and that their services declined after Expeditions’ hauling contracts with certain LGUs (Quezon City and Caloocan City) lapsed.
The Labor Arbiter (LA) rendered a Decision dated June 26, 2014 dismissing the complaints, finding no employer-employee relationship and holding respondents were independent contractors. The National Labor Relations Commission (NLRC) affirmed that Decision in a Resolution dated September 30, 2014. Respondents moved for reconsideration before the NLRC; in its April 30, 2015 Resolution the NLRC partly granted reconsideration, concluded that an employer-employee relationship existed, but ruled there was no illegal dismissal (finding respondents were on a floating status) and awarded separation pay in lieu of reinstatement. The NLRC denied Expedition’s motion for reconsideration on June 30, 2015.
Expedition filed a Petition for Certiorari with the Court of Appeals (CA) in CA-G.R. SP No. 142007. On March 31, 2016 the CA dismissed the petition, affirmed the NLRC insofar as employer-employee relationship, but disagreed on the lack of dismissal: the CA held respondents were illegally dismissed and ordered reinstatement with full back wages, attorney’s fees and interest; a Motion for Reconsideration before the C...(Subscriber-Only)
Issues:
- Did the Court of Appeals gravely err in upholding the NLRC’s finding that an employer-employee relationship existed between Expedition and respondents?
- Did the Court of Appeals gravely err in ruling that respondents were regular employees?
- Did the Court of Appeals gravely err in ruling that respondents were illegally dismissed?
- Even assuming respondents were regular employees and were dismissed, did the Court of Appeals err in awarding reinstatement with full...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)