Professional Documents
Culture Documents
Gapayao vs Fulo
Acibo, et al. filed a complaint before the Labor Arbiter
for regularization however it was denied because the
LA argued that they were seasonal employees. Seven FACTS
of the 22 complainants filed an appeal to the NLRC. Jaime Fulo died of "acute renal failure secondary to
The latter reversed the LAs ruling claiming that they 1st degree burn 70% secondary electrocution" while
were regular employees. The CA affirmed NLRCs
doing repairs at the residence and business
decision but excluded the Acibo, et al. from monetary establishment of Gapayao. Gapayao extended some
benefits under the CBA.
financial assistance to Rosario Fulo, the wife of the
deceased and the latter executed an Affidavit of
ISSUE:
Desistance stating that she was not holding them
liable for the death of her late husband.Thereafter,
Whether or not Acibo, et al. are regular
private respondent filed a claim for social security
employees of URSUMCO.
benefits with the Social Security System (SSS)
Sorosogon Branch. However, upon verification and
HELD:
evaluation, it was discovered that the deceased was
not a registered member of the SSS.Upon Rosario's
Plantation workers or mill employees only work on
insistence that her late husband had been employed
seasonal basis. This, however, does not exclude them by petitioner from January 1983 up to his untimely
from the benefits of regularization. Being in such
death on 4 November 1997, the SSS conducted a
nature, Acibo, et al. are considered to be regular
field investigation to clarify his status of employment.
employees.
The findings revealed that Mr. Jaime Fulo was an
employee of Jaime Gapayao as farm laborer from
Regular employment means that there was an
1983 to 1997 and that Mr. Jaime Fulo receives
arrangement between the employee and the
compensation on a daily basis ranging from P5.00 to
employer that the former will be engaged to perform P60.00 from 1983 to 1997.As per interview, Mrs.
activities which are necessary or desirable to the
Estela Gapayao contends that Jaime Fulo is an
usual business or trade of the latter. On the other
employee of Mr. & Mrs. Jaime Gapayao on an extra
hand, a project employment is an arrangement for a basis. the SSS demanded that petitioner remit the
specific project or undertaking whose termination is social security contributions of the deceased.
determined by the completion of the project.
Gapayao denied that the deceased was his employee
but was rather an independent contractor whose
The nature of the employment does not depend
tasks were not subject to his control and supervision.
solely on the will or word of the employer or on the
Assuming arguendo that the deceased was his
procedure for hiring and the manner of designating employee, he was still not entitled to be paid his SSS
the employee. Rather, the nature of the employment premiums for the intervening period when he was not
depends on the nature of the activities to be
at work, as he was an "intermittent worker who was
performed by the employee, considering the nature only summoned every now and then as the need
of the employers business, the duration and scope to arose." Hence, Gapayao insisted that he was under
be done. Accordingly, Acibo, et al. are neither project no obligation to report the formers demise to the SSS
nor seasonal employees.
for social security coverage.Rosario alleges that her
late husband had been in the employ of petitioner for
Acibo, et al. were made to perform tasks that does
14 years, from 1983 to 1997. During that period, he
not pertain to milling operations of URSUMCO.
was made to work as a laborer in the agricultural
However, their duties are regularly and habitually
landholdings, a harvester in the abaca plantation, and
needed in URSUMCOs operation. Moreover, they
a repairman/utility worker in several business
were regularly and repeatedly hired to perform the
establishments owned by petitioner. The considerable
same tasks. Being repeatedly hired for the same
length of time during which [the deceased] was given
purpose makes them regularized employees.
diverse tasks by Gapayao was a clear indication of
FACTS:
Citibank and El Toro Security Agency, Inc. (hereafter
El Toro) entered into a contract for the latter to
On Feb.17, 1994, at around 7:00 in the evening, Dr.
provide security and protective services to safeguard FAbros left the clinic to have his dinner at his
and protect the bank's premises. Under the contract, residence, which was abou t5-minute drive away. A
El Toro obligated itself to provide the services of
few minutes later, the clinic received an emergency
security guards to safeguard and protect the
call from the PAL Cargo Services. One of its
premises and property of Citibank against theft,
employeeshad suffered a heart attack. The nurse on
robbery or any other unlawful acts committed by any duty, Mr. Eusebio, called private respondent at home
person or persons, and assumed responsibility for
to inform him of the emergency. The patient arrived
losses and/or damages that may be incurred by
at the clinic at 7:50 in the evening and Mr. Eusebio
Citibank due to or as a result of the negligence of El immediately rushed him to the hospital. When Dr.
Toro or any of its assigned personnel. Citibank
Fabros reached the clinic at around 7:51 in the
renewed the security contract with El Toro yearly until evening, Mr. Eusebio had already left with the patient
it expired. Then, Citibank Integrated Guards Labor
to the hospital. The patient died the following day.
Alliance-SEGA-TUPAS/FSM (hereafter CIGLA) filed with
the National Conciliation and Mediation Board (NCMB) Upon learning about the incident, PAL Medical
a request for
Director ordered the Chief Flight Surgeon to conduct
preventive mediation
an investigation. In his explanation, Dr. Fabros
based on Unfair labor practice; Dismissal of union
asserted that he was entitled to a thirty-minute meal
officers/members; and Union busting. CIGLA
break; that he immediately left his residence upon
converted its request for preventive mediation into a being informed by Mr. Eusebio about the emergency
notice of strike for failure of the parties to reach a
and he arrived at the clinic a few minutes later; that
mutually acceptable settlement of the issues, which it Mr. Eusebio panicked and brought the patient to the
followed with a supplemental notice of strike alleging hospital without waiting for him.
as supplemental issue the mass dismissal of all union
officers and members. Citibank filed with the Regional Finding private respondents explanation
Trial Court, Makati, a complaint for injunction and
unacceptable, the management charged private
RULING:
Under the rule of forum non conveniens, a Philippine
court or agency may assume jurisdiction over the
case if it chooses to do so provided: (1) that the
Held/Ratio:
Facts:
HELD
Petition is denied.