VS. ACE PROMOTION AND MARKETING CORPORATION AND GLEN

Ruling

accordingly expired. They were then rehired and reassigned to Delfi, again on a fixed-term basis, which employment was necessarily terminated upon the end of the term. In view of this, respondents denied liability over complainants' money claims, damages, and attorney's fees. In a Decision [13] dated April 24, 2008, the Labor Arbiter, after finding no credible evidence to prove that they were employed on a contractual basis, declared complainants to have been illegally dismissed. He found unconvincing APMC's allegation that complainants' employment was terminated due to the expiration of its contract with Delfi considering that it continued to hire new employees as replacements for complainants. This, the Labor Arbiter opined, infringed upon complainants' right to security of tenure. On the other hand, he viewed complainants' continuous employment with APMC for a considerable length of time and the fact that they are SSS and HDMF members, as indications of their being regular employees. Thus, he ordered complainants' reinstatement or payment of separation pay, payment of backwages, unpaid wages, ECOLA, moral and exemplary damages, and attorney's fees. The dispositive portion of the Labor Arbiter's Decision reads: WHEREFORE, premises all considered, judgment is hereby rendered finding the dismissal illegal and ordering respondents, as follows: To reinstate complainants to their former position with full backwages to be reckoned from the date of their dismissal up to the finality of this decision. In the alternative, to pay them x x x their backwages plus separation pay equivalent to half month salary for every year of service if employment is no longer tenable. To pay the named eighteen (18) employees x x x their unpaid ECOLA for one (1) year. To pay complainants x x x their unpaid wages for fifteen (15) days. To pay moral damages in the amount of P10,000.00 each. To pay exemplary damages [in] the [amount] of P5,000.00 each. To pay attorney's fees equivalent to 10% of the total monetary award. The computation of the monetary award as computed by the Computation Division of this Office is attached hereto and forms part of this decision. SO ORDERED.