Exodus International Construction Corporation v. Biscocho

DEL CASTILLO, J.:

In illegal dismissal cases, it is incumbent upon the employees to first establish the fact of their dismissal before the burden is shifted to the employer to prove that the dismissal was legal. This Petition for Review on Certiorari1 assails the Decision2 dated August 10, 2004 of the Court of Appeals (CA) in CA-G.R. SP No. 79800, which dismissed the petition for certiorari challenging the Resolutions dated January 17, 20033 and July 31, 20034 of the National Labor Relations Commission (NLRC) in NLRC NCR CASE Nos. 30-11-04656-005 and 30-12-04714-00. Factual Antecedents Petitioner Exodus International Construction Corporation (Exodus) is a duly licensed labor contractor for the painting of residential houses, condominium units and commercial buildings.

Petitioner Antonio P. Javalera is the President and General Manager of Exodus. On February 1, 1999, Exodus obtained from Dutch Boy Philippines, Inc. (Dutch Boy) a contract6 for the painting of the Imperial Sky Garden located at Ongpin Street, Binondo, Manila. On July 28, 1999, Dutch Boy awarded another contract7 to Exodus for the painting of Pacific Plaza Towers in Fort Bonifacio, Taguig City.

In the furtherance of its business, Exodus hired respondents as painters on different dates with the corresponding wages appearing opposite their names as hereunder listed: NAME DATE EMPLOYED DAILY SALARY 1. Guillermo B. Biscocho Feb. 8, 1999 ₱ 222.00 2.

Fernando S. Pereda Feb. 8, 1999 235.00 3. Ferdinand M. Mariano April 12, 1999 235.00 4.

Gregorio S. Bellita May 20, 1999 225.00 5. Miguel B. Bobillo March 10, 2000 220.00 Guillermo Biscocho (Guillermo) was assigned at the Imperial Sky Garden from February 8, 1999 to February 8, 2000. Fernando Pereda (Fernando) worked in the same project from February 8, 1999 to June 17, 2000.

Likewise, Ferdinand Mariano (Ferdinand) worked there from April 12, 1999 to February 17, 2000. All of them were then transferred to Pacific Plaza Towers. Gregorio S. Bellita (Gregorio) was assigned to work at the house of Mr. Teofilo Yap in Ayala Alabang, Muntinlupa City from May 20, 1999 to December 4, 1999.

Afterwards he was transferred to Pacific Plaza Towers. Miguel B. Bobillo (Miguel) was hired and assigned at Pacific Plaza Towers on March 10, 2000. On November 27, 2000, Guillermo, Fernando, Ferdinand, and Miguel filed a complaint8 for illegal dismissal and non-payment of holiday pay, service incentive leave pay, 13th month pay and night-shift differential pay.

This was docketed as NLRC NCR CASE No. 30-11-04656-00. On December 1, 2000, Gregorio also filed a complaint9 which was docketed as NLRC NCR CASE No. 30-12-04714-00. He claimed that he was dismissed from the service on September 12, 2000 while Guillermo, Fernando, Ferdinand, and Miguel were orally notified of their dismissal from the service on November 25, 2000.

Petitioners denied respondents' allegations. As regards Gregorio, petitioners averred that on September 15, 2000, he absented himself from work and applied as a painter with SAEI-EEI which is the general building contractor of Pacific Plaza Towers. Since then, he never reported back to work.

Guillermo absented himself from work without leave on November 27, 2000. When he reported for work the following day, he was reprimanded for being Absent Without Official Leave (AWOL). Because of the reprimand, he worked only half-day and thereafter was unheard of until the filing of the instant complaint.

Fernando, Ferdinand, and Miguel were caught eating during working hours on November 25, 2000 for which they were reprimanded by their foreman. Since then they no longer reported for work.

Ruling of the Labor Arbiter On March 21, 2002, the Labor Arbiter rendered a Decision10 exonerating petitioners from the charge of illegal dismissal as respondents chose not to report for work. The Labor Arbiter ruled that since there is neither illegal dismissal nor abandonment of job, respondents should be reinstated but without any backwages. She disallowed the claims for premium pay for holidays and rest days and nightshift differential pay as respondents failed to prove that actual service was rendered on such non-working days.

However, she allowed the claims for holiday pay, service incentive leave pay and 13th month pay. The dispositive portion of the Labor Arbiter's Decision reads:

WHEREFORE, premises considered, respondents Exodus International Construction Corporation and/or Antonio Javalera are hereby ordered to reinstate complainants to their former positions as painters without loss of seniority rights and other benefits appurtenant thereto without any backwages. Respondents are likewise hereby ordered to pay complainants the following: 1. Guillermo Biscocho ₱ 1,968.75 - Service Incentive Leave Pay 10,237.50 - 13th Month Pay 3,600.00