Académique Documents
Professionnel Documents
Culture Documents
(1994, Nocon)
FACTS: Fernandez was hired by DM Consunji (November 1974). He worked for the
latter until March 1936, when his employment was terminated on the ground that
the project to which he was assigned was already completed. He thus filed a
complaint for illegal dismissal with the Labor Arbiter.
The Labor Arbiter (May 1988) found that Fernandez worked continuously in various
projects ranging from 5 to 20 years and belonged to a workpool (i.e. his dismissal
was illegal). DM Consunji appealed, on the ground that Fernandez was a project
employee hired on a project-to-project basis, depending on the availability of
projects. It pointed to the gaps in Fernandez employment history to show that he
was hired on an off-and-on basis.
The NLRC (September 1989), in view of (1) lack of evidence to prove the continuous
employment of Fernandez, and (2) the intermittent nature of their work as shown by
project contracts, ruled that Fernandez was a project employee. Fernandez
interposed a MFR which was denied for lack of merit (July 1991). The NLRC also
noted that the MFR was filed only on January 29, 1990, which was beyond the 10d
reglementary period from date of receipt of decision (November 13, 1989).
Without mentioning the denial of the MFR, Ricardo Fernandez filed a petition before
the SC, assailing the NLRC Decision, arguing that it is more in keeping with the
intent and spirit of the law to consider him as regular employees.
ISSUE: W/N the NLRC acted with GAD in reversing the Labor Arbiters decision by
dismissing the complaint for illegal dismissal on the finding that they were project
employees. NO.
RULING:
[Procedural] The yardstick to measure the timeliness of a petition for certiorari is
the reasonableness of the duration of time that had expired from the commission of
the acts complained of up to the institution of the proceedings to annul the same.
Here, Fernandez negligence or indifference for such a long period of time
(November 13, 1989 - receipt of Decision; Agusut 2, 1991 - receipt of denial of MFR;
July 21, 1992 - filing of petition for certiorari) has in the meantime rendered the
questioned decision final and no longer assailable.
[Substantive] DM Consunji presented material documents (covering November 5,
1974 - March 23, 1986) showing that Fernandez was hired as a project employee
with the specific dates of hiring, duration of hiring, dates of his lay-offs, and the
termination reports submitted to the Minister of Labor. Such documents clearly
showed gaps of month/s between the hiring of Fernandez in numerous projects
where he was assigned. Thus, he is governed by Policy Instruction No. 20:
Project employees are those employed in connection with a
particular construction project. They are not entitled to termination pay
if they are terminated as a result of the completion of the project or
any phase thereof in which they are employed, regardless of the