DISPOSITIVE:
ACCORDINGLY, the petition is GRANTED. The Decision dated February 14, 2019 and Resolution dated July 10, 2019 of the Court of Appeals in CA-G.R. SP No. 158220, are REVERSED and SET ASIDE. Petitioner RODRIGO A. UPOD is declared ILLEGALLY DISMISSED and respondent ONON TRUCKING AND MARKETING CORPORATION is ORDERED to PAY him:
1) BACKWAGES reckoned from February 2017 until finality of this Decision;
2) SEPARATION PAY equivalent to one (1) month salary for every year of service reckoned from 2014 until finality of this Decision;
3) 13th MONTH PAY limited to three (3) years prior to the filing of the complaint; and
4) Ten percent (10%) ATTORNEY’S FEES. These monetary awards shall earn six percent (6%) legal interest per annum from finality of this Decision until fully paid.
So Ordered.
SUBJECTS/DOCTRINES/DIGEST:
THE PETITIONER WAS PAID 16% OF GROSS REVENUES PER TRIP AND NOT PER DAY OR PER TIME BASIS. IS HE A REGULAR EMPLOYEE.
YES. SALARY ON A PER TRIP BASIS IS SIMPLY A METHOD OF COMPUTING COMPENSATION.
Two. Respondent cornp,i ny paid petitioner 16% of gross revenues per trip. The fact that petitioner ‘Nas paiJ on per trip basis does not negate the existence of an employer-employee re lationship; for the same is simply a method for computing compensalinn. One may be paid on the basis of results or time expended on the work, and may or may not acquire an employment.
PETITIONER’S SERVICES WERE SOUGHT ONLY IF THERE ARE TRIPS TO BE MADE. HE HAS BEEN WITH THE COMPANY FOR 8 YEARS. IS HE A REGULAR EMPLOYEE?
YES. BECAUSE HE HAS RENDERED AT LEAST ONE YEAR OF SERVICE WHICH MAY BE CONTINUOUS OR BROKEN.
A regular employee, therefore, is one who is either ( i) engaged to perform activities which are necessary or desirable in the usual business or trade of the employer; or (2) a casual employee who has rendered at least one ( l ) year of service, whether continuous or broken, with respect to the activity in which he or she is employed. 27
As an entjt.y engaged in the wholesale and retail of various products, respondent company must neci-~•;s.1rily engage the servic0s of delivery drivers, such as heri::.in peti6oner, for the p .!n:iose ,”}f getting its products delivered to its clients. To be S!,lre, since pi::!itioqer had perfon11ed nets necessary and desirable to respondent compa:1~/ s b usiness and trade for more than a year, his status had alre~dy ripened tG a regular employment.
THE EMPLOYER MERELY STOPPED GIVING WORK ASSIGNMENT TO PETITIONER. WILL THIS CONSTITUTE ILLEGAL DISMISSAL.
YES. SINCE THE EMPLOYER ADMITTED THAT IT STOPPED GIVING WORK ASSIGNMENT TO PETITIONER, THE LATTER NEED NOT PROVE HIS ILLEGAL DISMISSAL.
To be valid, petitioner’s dismissal should have been for just or authorized causes and only upon compliance with procedural due process. As it was, respondent company complied with neither conditions in effecting petitioner’s dismissal. It just abruptly stopped giving delivery assigmnent to petitioner in February 2017. Petitioner need not even prove the fact of his dismissal in view of respondent company’s admission that it stopped giving assignment to petitioner because allegedly, his contract already expired.
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