06 DEALCO FARMS, INC. vs. NLRC [G.R. No. 153192 Janua! 30, 2009" #O$IC: Casual; Nature of Work $ONEN#E: Nachura, J. CASE LA'( DOC#RINE:
A%#&OR : Tan NOTES:
Art. 280. Regular and Casual Employment. The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding preceding paragraph: Provided, That, any employee who has rendered at least one year of servie, whether suh servie is ontinuous or !ro"en, shall !e onsidered a regular employee with respet to the ativity in whih he is employed and his employment shall ontinue while suh ativity e#ists FAC#S) Petitioner is a corporation engaged in the usiness of i!portation, production, fattening and distriution of li"e • cattle for sale to !eat dealers, !eat traders, !eat processors, canned good !anufacturers and other dealers in #indanao and in #etro #anila. Petitioner i!ports cattle $ the oatload fro! %ustralia into the ports of &eneral Santos Cit$, Suic, 'atangas, or #anila. •
(espondents %lert Caan and Chi)uito 'astida *ere hired $ petitioner on June +, -/ and Octoer +, -0, respecti"el$, as escorts or co!o$s for the transit of li"e cattle fro! &eneral Santos Cit$ to #anila. (espondents *ork entailed tending to the cattle during transportation. 1pon arri"al in #anila, the cattle are turned o"er to and recei"ed $ the dul$ ackno*ledged u$ers or custo!ers of petitioner, at *hich point, respondents *ork ceases.
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(espondents filed a Co!plaint for illegal dis!issal *ith clai!s for separation pa$ *ith full ack*ages, salar$ differentials, ser"ice incenti"e lea"e pa$, -/ th !onth pa$, da!ages, and attorne$s fees against petitioner efore the National 2aor (elations (elations Co!!ission 3N2(C4.
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Petitioner denies the e5istence of an e!plo$er6e!plo$ee relationship *ith respondents. Petitioner posits, a!ong others, others, that that *s+on*n-s an on/! * ons** as asua/ *+/o!**s +*on4 o no- n**ssa! an *sa/* -o -7* usua/ usn*ss o -a* o +*--on*, i.e., cattle i.e., cattle fattening to !arket *eight and production. The 2aor %riter found that respondents *ere e !plo$ees of petitioner. %ll the four ele!ents in the deter!ination of an e!plo$er6e!plo$ee relationship eing present, respondents o *ere, therefore, e!plo$ees of petitioner. (espondents also perfor!ed acti"ities *hich are usuall$ necessar$ or desirale in the usual usiness or o trade of petitioner. Transporting Transporting the cattle to its !ain !arket in #anila is an essential and co!ponent aspect of 7petitioners8 operation. #ore, it appears that respondents had rendered ser"ice for !ore than one $ear doing the sa!e task o repeatedl$, thus, e"en assu!ing the$ *ere casual e!plo$ees the$ !a$ e considered regular e!plo$ees *ith respect to the acti"it$ in *hich the$ *ere e!plo$ed and their e!plo$!ent shall continue *hile such acti"it$ e5ists 3last par. of %rt. +94. On appeal to the N2(C, the ifth
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=ence, this appeal
ISS%E8S: Whether the e!plo$ees are casual *orkers. &ELD: No. RA#IO: First. Petitioner failed to dispro"e respondents> clai! that the$ *ere hired $ petitioner as co!o$s fro! -/ and • -0, respecti"el$. ?n fact, petitioner ad!its that respondents *ere engaged, at one point, as co!o$s, on a per trip or per contract asis. This assertion petitioner failed ane* to sustantiate. Note*orth$ is the fact that respondents> affida"it !erel$ contain a state!ent that the offer of their ser"ices as co!o$s or escorts *as not li!ited to petitioner alone. The affida"its si!pl$ a"er that the$, including herein respondents, *ere engaged $
%n e!plo$!ent shall e dee!ed to e casual if it is not co"ered $ the preceding paragraph: $ov*, #7a-, an! *+/o!** 7o 7as *n** a- /*as- on* !*a o s*v*, 7*-7* su7 s*v* s on-nuous o o*n, s7a// * ons** a *4u/a *+/o!** -7 *s+*- -o -7* a-v-! n 77 7* s *+/o!* an 7s *+/o!*n- s7a// on-nu* 7/* su7 a-v-! *;s-s. •
1ndoutedl$, respondents *ere regular e!plo$ees of petitioner *ith respect to the escort or co!o$ acti"it$ for *hich the$ had een engaged since -/ and -0, respecti"el$, *ithout regard to continuit$ or rokenness of the ser"ice.
DISSEN#ING(CONC%RRING O$INION8S:
