G.R. No. 234691 - LEONIL MANALLO SANTOR, JOSEPH SANGALANG, PAUL GIRAY, RODOLFO CEÑIR, SR., JERSON C. VELASCO, LEO HADAP, VS. ARLO ALUMINUM COMP., INC. AND GALO Y. LIM, JR..D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, when the company complies with the requirements laid down for project employment, the valid dismissal of project employees will be upheld. This Court resolves the Petition for Review on Certiorari [1] assailing the Court of Appeals Decision, [2] and the Court of Appeals Resolution, [3] which nullified the National Labor Relations Commission Decision [4] and reinstated the labor arbiter's Decision [5] dismissing the petitioners' complaint and awarding them prorated 13 th month pay. [6] Arlo Aluminum Company, Inc. (Arlo Aluminum) is a domestic corporation engaged in fabricating customized aluminum moldings for construction companies. [7] Arlo Aluminum hired the following employees at a per-project basis: Joseph M. Sangalang (Sangalang), Leonil M. Santor (Santor), Paul O. Giray (Giray), Rodolfo C. Ceñir, Sr. [8] (Ceñir), Jerson C. Velasco (Velasco), and Leo C. Hadap (Hadap). Below are the specific projects each were assigned to, the period of each project, and the functions they performed: [9] Joseph M. Sangalang, survey aide Sonata project May 25, 2011 to January 27, 2014 BDO project May 28, 2014 to November 27, 2014 Leonil M. Santor, fabricator Texas Instruments Project September 5, 2008 to May 5, 2009 Trag-3 project August 6, 2009 to November 8, 2010 Sonata project February 9, 2011 to June 8, 2012 8 Adriatico project December 9, 2012 to December 8, 2013 The Grove project March 9, 2014 to December 8, 2014 Paul O. Giray, helper Texas Instruments Project September 6, 2008 to February 6, 2009 East of Galleria project July 7, 2009 to December 6, 2009 Trag-3 project May 6, 2010 to October 5, 2010 One Rockwell project March 6, 2011 to August 5, 2011 Gateway project January 6, 2012 to June 5, 2012 RCBC project November 6, 2012 to April 5, 2013 Richmonde Tower project February 6, 2014 to December 5, 2014 Rodolfo C. Ceñir, Sr., helper Entrata project March 3, 2011 to August 2, 2011 One Central project January 3, 2012 to June 2, 2012 RCBC project November 3, 2012 to April 2, 2013 Richmonde Tower project September 3, 2012 to December 2, 2014 Leo C. Hadap, fabricator One Central proiect January 3, 2012 to June 2, 2012 RCBC project September 3, 2012 to December 2, 2013 Unilab project March 3, 2014 to December 2, 2014 Jerson C. Velasco, helper One Rockwell project August 2, 2011 to November 1, 2011 Belle Grande project June 2, 2012 to November 1, 2012 Fairview Terraces project April 2, 2013 to September 1, 2013 Eton Centris project February 2, 2014 to December 1, 2014 On November 2014, Sangalang was terminated from employment. Santor, Giray, Ceñir, Velasco, and Hadap were likewise dismissed on December 2014. [10] On January 7, 2015, Sangalang, Santor, Giray, Ceñir, Velasco, and Hadap (collectively, "employees") filed before the labor arbiter a Complaint for unfair labor practice, union busting, reinstatement, illegal dismissal, nonpayment of service incentive leave and 13 th month pay, regularization, moral and exemplary damages, and attorney's fee