Cielo v. Honorable National Labor Relations Commission

CRUZ, J.:

The petitioner is a truck driver who claims he was illegally dismissed by the private respondent, the Henry Lei Trucking Company. The Labor Arbiter found for him and ordered his reinstatement with back wages.1 On appeal, the decision was reversed by the National Labor Relations Commission, which held that the petitioner's employment had expired under a valid contract.2 The petitioner then came to us on certiorari under Rule 65 of the Rules of Court. Required to submit a Comment (not to file a motion to dismiss), the private respondent nevertheless moved to dismiss on the ground that the petition was filed sixty-eight days after service of the challenged decision on the petitioner, hence late.

The motion was untenable, of course. Petitions for certiorari under Rule 65 may be instituted within a reasonable period, which the Court has consistently reckoned at three months. In his own Comment, the Solicitor General defended the public respondent and agreed that the contract between the petitioner and the private respondent was a binding agreement not contrary to law, morals or public policy.

The petitioner's services could be legally terminated upon the expiration of the period agreed upon, which was only six months. The petitioner could therefore not complain that he had been illegally dismissed. As an examination of the claimed agreement was necessary to the resolution of this case, the Court required its production by the petitioner.

But he could not comply because he said he had not been given a copy by the private respondent. A similar requirement proved fruitless when addressed to the private respondent, which explained it could not locate the folder of the case despite diligent search. It was only on October 15, 1990, that the records of the case, including the subject agreement, were finally received by the Court from the NLRC, which had obtained them from its Cagayan de Oro regional office.3 The said agreement reads in full as follows: A G R E E M E N T KNOW ALL MEN BY THESE PRESENTS: This Agreement made and executed by and between: HENRY LEI, of legal age, Filipino citizen, married, and a resident of Digos, Davao del Sur, now and hereinafter called the FIRST PARTY, -a n d - ZOSIMO CIELO, of legal age, married, Filipino citizen, and a resident of Agusan, Canyon, Camp Philipps, now and hereinafter called the SECOND PARTY, W I T N E S S E T H That the FIRST PARTY is an owner of some cargo trucks.

WHEREAS, the SECOND PARTY desires to operate one of the said cargo trucks which he himself shall drive for income; NOW, THEREFORE, for the foregoing premises, the FIRST PARTY does hereby assign one cargo truck of his fleet to the SECOND PARTY under the following conditions and stipulations: 1. That the term of this Agreement is six (6) months from and after the execution hereof, unless otherwise earlier terminated at the option of either party; 2. That the net income of the said vehicle after fuel and oil shall be divided by and between them on ninety/ten percent (90/10%) basis in favor of the FIRST PARTY; 3.

That there is no employer/employee relationship between the parties, the nature of this Agreement being contractual; 4. In the event the SECOND PARTY needs a helper the personnel so employed by him shall be to his personal account, who shall be considered his own employee; 5. That the loss of or damage to the said vehicle shall be to account of the SECOND PARTY; he shall return the unit upon the expiration or termination of this contract in the condition the same was received by him, fair wear and tear excepted.

IN WITNESS WHEREOF, the parties hereunto affixed their signature on this 30th day of June, 1984, at Digos, Davao del Sur, Philippines. (Sgd.) HENRY LEI First Party (Sgd.) ZOSIMO CIELO Second Party SIGNED IN THE PRESENCE OF: (Sgd.) VICTOR CHAN (Sgd.) AMALFE M. NG The agreement was supposed to have commenced on June 30, 1984, and to end on December 31, 1984. On December 22, 1984, however, the petitioner was formally notified by the private respondent of the termination of his services on the ground of expiration of their contract.

Soon thereafter, on January 22, 1985, the petitioner filed his complaint with the Ministry of Labor and Employment. In his position paper, the petitioner claimed he started working for the private respondent on June 16, 1984, and having done so for more than six months had acquired the status of a regular employee. As such, he could no longer be dismissed except for lawful cause.

He also contended that he had been removed because of his refusal to sign, as required by the private respondent, an affidavit reading as follows: A F F I D A V I T That I, ZOSIMO CIELO, Filipino, of legal age, married/single and a resident of Agusan Canyon, Camp Philipps, after having been duly sworn to in accordance with law, hereby depose and say: That I am one of the drivers of the trucks of Mr. HENRY LEI whose hauling trucks are under contract with the Philippine Packing Corporation; That I have received my salary and allowances from Mr. HENRY LEI the sum of P1,421.10 for the month of October 1984. That I have no more claim against the said Mr. Henry Lei. IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th day of November 1984.