G.R. No. 265553 - Leo G. Trimor vs. Blokie Builders and Trading Corporation and Filamer Amado P. Bulao

Petitioner Leo G. Trimor filed a complaint for illegal dismissal, non-payment of salaries, overtime pay, holiday pay, rest day premium, service incentive leave pay, 13th month pay, night shift differential, separation pay, backwages, moral and exemplary damages, plus attorney’s fees against respondents Blokie Builders and Trading Corporation (BBTC) and its President Filamer Amado P. Bulao.
Petitioner alleged he was hired on June 7, 2018, as an in-house project-in-charge in a regular position responsible for overseeing projects and was assigned to the SM Fairview Department Store re-layout project and later to the Jollibee Malolos renovation project.
Petitioner claimed that on December 3, 2018, after informing respondent Bulao he needed rest, he was told not to return to work, and on December 10, 2018, his salary was withheld and his employment was effectively terminated without just cause.

Respondents contended petitioner was employed as a project-based employee/foreman, under a contract limited to the SM Fairview project set for six months.
Due to petitioner’s alleged unsatisfactory performance, he was transferred to another project (Jollibee Malolos) to fulfill the six-month duration.
Petitioner’s failure to report for work on turnover date and unreturned company tools justified withholding payment and termination of employment upon project completion.

Labor Arbiter (LA) Decision (Aug 29, 2019): Dismissed illegal dismissal complaint, ruled employment was project-based, ordered payment of unpaid 13th month pay only.
National Labor Relations Commission (NLRC) Decision (Dec 29, 2020): Reversed LA, declared petitioner regular employee, found illegal dismissal without just cause, awarded full backwages, separation pay in lieu of reinstatement, unpaid wages, holiday pay, 13th month pay, attorney’s fees. Modified on reconsideration by removing allowance from backwages computation and adjusting attorney’s fees.
Court of Appeals (CA) Decision (Sep 20, 2022): Reinstated LA ruling; held petitioner was a project-based employee, dismissal not proven, denied claims except 13th month pay admitted by respondents.

Whether the CA erred in finding grave abuse of discretion on the part of the NLRC in reversing the LA’s dismissal of the illegal dismissal complaint and monetary claims.
Whether petitioner was a project-based employee or a regular employee.
Whether petitioner was illegally dismissed without just or authorized cause.
Whether petitioner is entitled to his monetary claims under existing labor laws and jurisprudence.

Was petitioner a regular employee or a project-based employee under his engagement with BBTC?
Was petitioner illegally dismissed without just or authorized cause under the Labor Code?
Did respondents prove payment of petitioner’s monetary claims such as salaries, holiday pay, 13th month pay, overtime pay, night shift differential, and rest day premium?
Did the CA err in holding that the NLRC gravely abused its discretion when it reversed the LA’s ruling supporting petitioner’s illegal dismissal complaint and monetary awards?