FIRST DIVISION
[G.R. No. 240613. August 15, 2018.]
AGATA MINING VENTURES, INC., petitioner,vs. MA. LOIS L. ESNANE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 15, 2018which reads as follows:
"G.R. No. 240613 – Agata Mining Ventures, Inc. v. Ma. Lois L. Esnane
Considering the allegations, arguments, and issues raised, the instant Petition for Review on Certiorari with Application for Writ of Injunction and Temporary Restraining Order is hereby DENIED for: (i) technical defects; 1 and (ii) lack of merit.
Article 295 2 of the Labor Code, as amended, is instructive on the distinction between project employees and regular employees, to wit:
Art. 295 [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.
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Given the foregoing provision, this Court considers the employment of respondent a regular employment contrary to the CA finding of project employment.
First, the activities of an occupational nurse are necessary and desirable in the conduct of business of petitioner Agata Mining Ventures, Inc. (AMVI). In a company with 200 to 300 employees, the services of a full-time nurse are required. 3 In class A mining operations, a full-time nurse is likewise mandated. 4
Second, the employment was a regular employment because of the repeated hiring of respondent despite the termination of the previous contracts. She was initially hired on October 5, 2014 to December 31, 2014. 5 When the period expired, she was rehired for the period of January 1, 2015 to March 31, 2015. 6 After that, she received a letter from the Human Resources Superintendent extending her employment from April 1, 2015 to June 30, 2015. 7
Third, there was no mention in any of the contracts of the duration of the project for which respondent was hired. Petitioner failed to adduce proof that the project had actually terminated or had been completed. 8 The records instead revealed that the project was still ongoing and that petitioner had just shipped more than 30,000 metric tons of nickel ore to China and other countries. 9
Anent the illegal dismissal, the uniform findings of the labor tribunals, as affirmed by the appellate court, bind this Court. Thus, the affirmance of the ruling is warranted absent any cogent reason to do otherwise.
WHEREFORE, premises considered, the instant petition is DENIED.
The Court also resolves to DROP the Court of Appeals and the National Labor Relations Commission as party respondents pursuant to Section 4, Rule 45 of the Rules of Court.
SO ORDERED."Peralta, J., designated as Acting Chairperson of the First Division per Special Order No. 2582 (Revised) dated August 8, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. The affidavit of service of the Petition for Review on Certiorari was notarized on July 30, 2018 prior to the actual date of posting of copies of the petition on the Court of Appeals and adverse party on July 31, 2018 and the affiant in the affidavit of service did not indicate his identification details presented before notary public Gervacio B. Ortiz, Jr.
2. Formerly Article 280. See Department Advisory No. 01, series of 2015, entitled "Renumbering of the Labor Code of the Philippines, as amended" dated July 21, 2015.
3. Article 157 of the Labor Code states:
Article 157. Emergency Medical and Dental Services. It shall be the duty of every employer to furnish his employees in any locality with free medical and dental attendance and facilities consisting of:
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(b) The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic, when the number of employees exceeds two hundred (200) but not more than three hundred (300); x x x (emphasis supplied)
4. Rules 864 and 7 of Department of Environment and Natural Resources Administrative No. 2000-98 state:
Rule 864 — Every employer shall provide his workers with emergency medical and dental services and facilities in the following cases and manner.
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For Class A mines and Service Contractors, the employee shall provide:
– At least one (1) first aid team in every shift
– At least one (1) full time nurse for every 250 workers for every shift
– At least one (1) full time doctor in every shift and one (1) full time dentist
– "Emergency Hospital"
* a part-time health personnel shall render service for a minimum of four hours a day
** a full time health personnel shall render service for a minimum of eight (8) a day
Rule 7 – For purposes of this Order, Mines or Service Contractors shall be classified as follows:
a. Class "A" — Those underground and surface mines/service contractor employing a total of not less than one hundred fifty (150) and two hundred fifty (250) employees, respectively.
5.Rollo, pp. 53; 69-72 (Project Employment Contract between Esnane and Agata for the period of October 5, 2014-December 31, 2014).
6.Id. at 53; 73-74 (Project Employment Contract between Esnane and Agata for the period of January 1, 2015-March 31, 2015).
7.Id.; 75 (Extension of Project Employment Contract dated April 1, 2015).
8.Id. at 125.
9.Id.