Cioco vs. C.E. Construction Corp., G.R. No. 156748, September 8, 2004 [Case Digest]

 

Cioco vs. C.E. Construction Corp.,

G.R. No. 156748, September 8, 2004

 

Facts:

            Isaac Cioco, Jr., Rebie A. Mercado, Benito V. Galvadores, Cecilio Solver, Carmelo Juanzo, Benjamin Baysa, and Rodrigo Napoles (WORKERS) were hired by C.E. Construction Corporation (COMPANY), a domestic corporation engaged in the construction business and managed by its owner-president, Mr. Johnny Tan. They were hired as carpenters and laborers in various construction projects from 1990 to 1999, the latest of which was the GTI Tower in Makati. Prior to the start of every project, the WORKERS signed individual employment contracts which uniformly read: "I hereby apply as carpenter/laborer on [the] GTI Tower project. It is understood that if accepted, the period of employment shall be co-terminus with the completion of the project, unless sooner terminated by you prior to the completion of the project."

            Sometime in May and June 1999, the WORKERS, along with sixty-six (66) others, were terminated by the COMPANY on the ground of completion of the phases of the GTI Tower project for which they had been hired. Alleging that they were regular employees, the WORKERS filed complaints for illegal dismissal with the Arbitration Branch of the NLRC. Claims for underpaid wages and unpaid overtime pay, premium for holiday and rest days, service incentive leave pays, night shift differential, and 13th month pay were likewise demanded.

            LA rendered judgment in favor of the company.  NLRC affirmed the labor arbiter's decision. CA although petitioners were project employees, their dismissal as such project employees is hereby declared ILLEGAL, and private respondent C.E. Construction Corporation is directed to pay back wages computed from the date of termination, i.e., May 27, 1999 for petitioners Isaac Cioco, Jr., Carmelo Juanzo, Cecelio (sic) Soler and Benito Galvadores and from June 5, 1999 for petitioners Rebie Mercado, Baysa Benjamin (sic) and Rodrigo Napoles, up to the date of completion of the construction of the GTI Tower project.

 

Issue:

            Whether or not the employment of Cioco and others had been illegally terminated by the company.

 

Held:

            No; a review of the records shows that the COMPANY submitted the needed evidence. In its motion for reconsideration of the CA’s decision, the COMPANY attached as Annexes "A" and "B," Progress Billing Reports clearly showing that the GTI Tower project was already 80.9203% and 81.3747% accomplished as of May 31, 1999 and June 30, 1999, respectively. Specifically, the particular form, concreting and masonry works for which the WORKERS had been hired and assigned were already completed or near completion, as shown by Annexes "A-3," "A-4," and "A-6" of the May Progress Billing Report, and Annexes "B-3," "B-4," "B-6" and "B-7" of the June Progress Billing Report. The WORKERS did not question the veracity of the evidence presented and just insisted that they are regular employees of the COMPANY, hence, not liable for termination on mere ground of project completion.