G.R. NO. 153832 - FILIPINAS PRE-FABRICATED BUILDING SYSTEMS (FILSYSTEMS), INC., AND FELIPE A. CRUZ JR., VS. ROGER D. PUENTE,[1].

Ruling

WHEREFORE, premises considered, the petition is GRANTED and the decision dated May 18, 2001 and resolution dated June 29, 2001 of the NLRC are hereby annulled and set aside . [Petitioner] Filsystems, Inc. is hereby ordered to reinstate [respondent] immediately to his former position without loss of seniority and privileges with full back wages from the date of his dismissal until his actual reinstatement, plus 10% of the total monetary award as attorneys fees. [5] The assailed Resolution denied petitioners Motion for Reconsideration. The Facts The factual antecedents are summarized by the CA as follows: [Respondent] avers that he started working with [Petitioner] Filsystems, Inc., a corporation engaged in construction business, on June 12, 1989; that he was initially hired by [petitioner] company as an installer; that he was later promoted to mobile crane operator and was stationed at the company premises at No. 69 Industria Road, Bagumbayan, Quezon City; that his work was not dependent on the completion or termination of any project; that since his work was not dependent on any project, his employment with the [petitioner-]company was continuous and without interruption for the past ten (10) years; that on October 1, 1999, he was dismissed from his employment allegedly because he was a project employee. He filed a pro forma complaint for illegal dismissal against the [petitioner] company on November 18, 1999. The [petitioner-]company however claims that complainant was hired as a project employee in the companys various projects; that his employment contracts showed that he was a project worker with specific project assignments; that after completion of each project assignment, his employment was likewise terminated and the same was correspondingly reported to the DOLE. Labor Arbiter Veneranda C. Guerrero dismissed the complaint for lack of merit, ruling thus: WHEREFORE, premises considered, judgment is hereby rendered dismissing the complaint for illegal dismissal for lack of merit.[Petitioner] Filsystems, Inc. is hereby ordered to pay complainant Roger D. [F]uente the amount of FOUR THOUSAND TWO HUNDRED TWELVE PHILIPPINE PESOS (P4,212.00) representing his pro-rata 13th month pay for 1999, plus ten percent (10%) thereof as and for attorneys fees. SO ORDERED.