Title
C-E Construction Corp. vs. National Labor Relations Commission
Case
G.R. No. 180188
Decision Date
Mar 25, 2009
A construction worker dismissed as a project employee was declared a regular employee, entitled to full backwages until reinstatement, with final judgment upheld by courts.
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Case Summary (G.R. No. 180188)

Employment Background and Dismissal

  • C-E Construction Corporation employed Raymundo Hernandez as an electrician and carpenter on January 17, 1996, for a specific project.
  • Hernandez's employment was co-terminus with the project, meaning it would end upon project completion.
  • On December 17, 1996, Hernandez was dismissed, with the petitioner claiming the initial phase of the project was completed.
  • Hernandez filed a complaint for illegal dismissal, seeking reinstatement, backwages, and attorney's fees.

Labor Arbiter's Decision

  • The Labor Arbiter ruled in favor of Hernandez, declaring the dismissal illegal.
  • The decision mandated:
    • Reinstatement of Hernandez without loss of seniority rights.
    • Payment of backwages amounting to P56,833.29.
    • Payment of P50,000.00 in moral damages.
    • Payment of attorney's fees equivalent to 10% of the total award.
  • Other claims by Hernandez were dismissed for lack of merit.

NLRC and Court of Appeals Proceedings

  • The petitioner appealed to the National Labor Relations Commission (NLRC), which partially reversed the Labor Arbiter's decision by removing the awards for moral damages and attorney's fees.
  • The petitioner’s motion for reconsideration was denied by the NLRC.
  • A subsequent petition for certiorari filed by the petitioner with the Court of Appeals was also denied, as the court found insufficient evidence to support the claim that the project phase was completed.
  • The appellate court noted the absence of notice or hearing for Hernandez prior to his dismissal.

Finality of Judgment and Execution

  • The Supreme Court denied the petition for review filed by the petitioner, affirming the lower court's decisions.
  • Hernandez filed a motion for "re-computation" of the judgment award, which led to a labor arbiter's order on January 28, 2002, awarding him backwages totaling P329,554.29.
  • The petitioner appealed this order to the NLRC, arguing for deductions based on potential earnings during the case's pendency and asserting that backwages should only cover the project duration.

NLRC's Affirmation and Subsequent Appeals

  • The NLRC affirmed the labor arbiter's order, rejecting the petitioner's arguments.
  • The petitioner’s motion for reconsideration was denied, leading to another petition for certiorari to the appellate court, which was dismissed for lack of merit.
  • The appellate court emphasized that the computation of backwages was a factual issue not suitable for certiorari review.

Legal Status of Employment and Backwages

  • Hernandez contended that he was a regular employee, a point supported by both the labor arbiter and the NLRC.
  • The labor arbiter concluded that Hernandez was entitled to security of tenure despite the project employment contract.
  • The NLRC characterized Hernandez as a work pool worker, indicating ongoing employment.

Court of Appeals' Final Ruling

  • The Court of Appeals affirmed the NLRC's decision without modificat...continue reading

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