April 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 200656 : April 16, 2012]
PHILIPPINE PIZZA, INC. v. NOEL S. MATIAS
G.R. No. 200656 (Philippine Pizza, Inc. v. Noel S. Matias).
RESOLUTION
After a review of the records, the Court resolves to DENY the petition for failure to show that the Court of Appeals (CA) committed reversible error in finding that petitioner Philippine Pizza, Inc. is the employer of respondent Noel S. Matias and consequently liable for his illegal dismissal. Although respondent's employment contract was with Consolidated Building Maintenance, Inc. (CBMI), the same cannot suffice as evidence of an employer-employee relationship. While CBMI has substantial capitalization, CBMI did not exercise control and supervision over respondent's work nor did it supply the tools, equipment and means needed for respondent to perform the service. Thus, the CA correctly held that CBMI is engaged in labor-only contracting, which renders the principal (petitioner herein) liable as employer.
Further, respondent's length of service indicates that his work is necessary and desirable to petitioner's business. He is considered a regular employee under Article 280 of the Labor Code. He cannot be summarily dismissed without proof of any just or authorized cause for termination. His unexplained transfer from the branch to CBMI's office after filing a complaint for regularization amounted to illegal dismissal. cralaw
SO ORDERED.
Very truly yours,
(Sgd.) WILFREDO V. LAPITAN
Deputy Division Clerk of Court