Salazar V NLRC

SALAZAR VS.
NLRC
G.R. No 109210
APRIL 17, 1996
FACTS: On 17 April 1990, private respondent Carlos Construction, at a monthly salary of
P4,500.00, employed Salazar as construction/project engineer for the construction of a building in
Cubao. Allegedly, by virtue of an oral contract, petitioner would also receive a share in the profits
after completion of the project and that petitioners services in excess of 8 ours on regular days and
services rendered on weekends and legal holidays shall be compensable overtime.
On 16 April 1991, petitioner received a memorandum issued by private respondents project
manager informing him of the termination of his services effective on 30 April 1991.
On 13 September 1991, Salazar filed a complaint against private respondent for illegal dismissal,
unfair labor practice, illegal deduction, non-payment of wages, overtime rendered, service incentive
leave pay, commission, allowances, profit-sharing and separation pay with the NLRC-NCR
Arbitration Branch, Manila.
The Labor Arbiter rendered a decision dismissing the instant case for lack of merit. Petitioner
appealed to the NLRC, where it affirmed in toto the decision of the Labor Arbiter. His MR was
likewise dismissed. Hence the instant petition.
ISSUE:
1) WON petitioner is entitled to overtime pay, premium pay for services rendered on rest days and
holidays and service incentive leave pay
2) WON petitioner is entitled to a share in the profits of the construction project;.
3) WON petitioner rendered services from 1 May to 15 May 1991 and is, therefore, entitled to unpaid
wages;
4) WON private respondent is liable to reimburse petitioners legal expenses and;
5) WON petitioner is entitled to separation pay.
HELD:
The assailed decision is modified.
1. NO. Although petitioner cannot strictly be classified as a managerial employee, nonetheless he is
still not entitled to payment of the aforestated benefits because he falls squarely under another
exempt category officers or members of a managerial staff as defined under sec. 2(c) of the
abovementioned implementing rules:
Sec. 2. Exemption. The provisions of this Rule shall not apply to the following persons if they
qualify for exemption under the condition set forth herein:xxx
(c) Officers or members of a managerial staff xxx
That petitioner was paid overtime benefits does not automatically and necessarily denote that
petitioner is entitled to such benefits
1. NO. petitioner insists that private respondent promised him a share in the profits after
completion of the construction project. It is because of this oral agreement, petitioner elucidates,
that he agreed to a monthly salary of P4,500.00, an amount which he claims is too low for a
professional civil engineer like him with the rank of project engineer.
We cannot accede to petitioners demand. Nowhere in the disbursement vouchers can we find even
the remotest hint of a profit-sharing agreement between petitioner and private respondent.
Petitioners rationalization stretches the imagination way too far.
Also, as said by the Labor Arbiter:
As to the issue of profit sharing, we simply cannot grant the same on the mere basis of
complainants allegation that respondent verbally promised him that he is entitled to a share in the
profits derive(d) from the projects. Benefits or privileges of this nature (are) usually in writing,
besides complainant failed to (establish) that said benefits or privileges (have) been given to any of
respondent(s) employees as a matter of practice or policy.
3. YES. On April 30, he was advised by the Manager to continue supervising the finishing touches
to the building until May 15, the date appearing in the Certificate of Service as the date of the
termination of the contract between Salazar and the Company. But the Manager insists that
Salazars services terminated at April 30 according to the Memorandum given the petitioner.
The purpose for which the said certificate was issued becomes irrelevant. The fact remains that
private respondent knowingly and voluntarily issued the certificate. Mere denials and self-serving
statements to the effect that petitioner allegedly promised not to use the certificate against private
respondent are not sufficient to overturn the same. Hence, private respondent is estopped from
assailing the contents of its own certificate of service.
4. YES. During the construction of the building, a criminal complaint for unjust vexation was filed
against the officers of the owner of the building. Petitioner avers that he was implicated in the
complaint for the sole reason that he was the construction engineer of the project.
Although not directly implicated in the criminal complaint, Carlos Construction is nonetheless
obligated to defray petitioners legal expenses. Petitioner was included in the complaint not in his
personal capacity but in his capacity as project engineer of private respondent and the case arose in
connection with his work as such. At the construction site, petitioner is the representative of private
respondent being its employee and he acts for and in behalf of private respondent. Hence, the
inclusion of petitioner in the complaint for unjust vexation, which was work-related, is equivalent to
inclusion of private respondent itself.
5. NO. On the last issue, we rule that petitioner is a project employee and, therefore, not entitled to
separation pay.
The applicable provision is Article 280 of the Labor Code which defines the term project employee,
thus:
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 period 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. (Emphasis
ours.)
In the case at bench, it was duly established that private respondent hired petitioner as project or
construction engineer specifically for its Monte de Piedad building project. Accordingly, as project
employee, petitioners services are deemed coterminous with the project, that is, petitioners services
may be terminated as soon as the project for which he was hired is completed. There can be no
dispute that petitioners dismissal was due to the completion of the construction of the building.

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