complainants staged a strike which was however settled upon the

signing of a Memorandum of Agreement which stipulated among

[ G.R. No. 149440, January 28, 2003 ]
others that:

HACIENDA FATIMA AND/OR PATRICIO VILLEGAS, ALFONSO 'a) The parties will initially meet for CBA negotiations on the 11th day
VILLEGAS AND CRISTINE SEGURA, PETITIONERS, of January 1991 and will endeavor to conclude the same within thirty
(30) days.
VS.
'b) The management will give priority to the women workers who
are members of the union in case work relative x x x or amount[ing]
NATIONAL FEDERATION OF SUGARCANE WORKERS-FOOD AND to gahit and [dipol] arises.
GENERAL TRADE, RESPONDENTS.
'c) Ariston Eruela Jr. will be given back his normal work load which is
DECISION six (6) days in a week.

PANGANIBAN, J.: 'd) The management will provide fifteen (15) wagons for the
workers and that existing workforce prior to the actual strike will be
Although the employers have shown that respondents performed given priority. However, in case the said workforce would not be
work that was seasonal in nature, they failed to prove that the latter enough, the management can hire additional workers to
worked only for the duration of one particular season. In fact, supplement them.
petitioners do not deny that these workers have served them for
several years already. Hence, they are regular -- not seasonal -- 'e) The management will not anymore allow the scabs, numbering
employees. about eighteen (18) workers[,] to work in the hacienda; and

'f) The union will immediately lift the picket upon signing of this
The Case agreement.'
"However, alleging that complainants failed to load the fifteen
Before the Court is a Petition for Review under Rule 45 of the Rules wagons, respondents reneged on its commitment to sit down and
of Court, seeking to set aside the February 20, 2001 Decision of the bargain collectively. Instead, respondent employed all means
Court of Appeals[1] (CA) in CA-GR SP No. 51033. The dispositive part including the use of private armed guards to prevent the organizers
of the Decision reads: from entering the premises.

"WHEREFORE, premises considered, the instant special civil action "Moreover, starting September 1991, respondents did not any more
for certiorari is hereby DENIED." [2] give work assignments to the complainants forcing the union to
On the other hand, the National Labor Relations Commission (NLRC) stage a strike on January 2, 1992. But due to the conciliation efforts
Decision,[3] upheld by the CA, disposed in this wise: by the DOLE, another Memorandum of Agreement was signed by
the complainants and respondents which provides:
"WHEREFORE, premises considered, the decision of the Labor
Arbiter is hereby SET ASIDE and VACATED and a new one entered 'Whereas the union staged a strike against management on January
declaring complainants to have been illegally dismissed. 2, 1992 grounded on the dismissal of the union officials and
Respondents are hereby ORDERED to reinstate complainants except members;
Luisa Rombo, Ramona Rombo, Bobong Abriga and Boboy Silva to
their previous position and to pay full backwages from September 'Whereas parties to the present dispute agree to settle the case
1991 until reinstated. Respondents being guilty of unfair labor amicably once and for all;
practice are further ordered to pay complainant union the sum of
P10,000.00 as moral damages and P5,000.00 as exemplary 'Now therefore, in the interest of both labor and management,
damages."[4] parties herein agree as follows:
The Facts
'1. That the list of the names of affected union members hereto
The facts are summarized in the NLRC Decision as follows: attached and made part of this agreement shall be referred to the
Hacienda payroll of 1990 and determine whether or not this
"Contrary to the findings of the Labor Arbiter that complainants concerned Union members are hacienda workers;
[herein respondents] refused to work and/or were choosy in the
kind of jobs they wanted to perform, the records is replete with '2. That in addition to the payroll of 1990 as reference, herein parties
complainants' persistence and dogged determination in going back will use as guide the subjects of a Memorandum of Agreement
to work. entered into by and between the parties last January 4, 1990;

"Indeed, it would appear that respondents did not look with favor '3. That herein parties can use other employment references in
workers' having organized themselves into a union. Thus, when support of their respective claims whether or not any or all of the
complainant union was certified as the collective bargaining listed 36 union members are employees or hacienda workers or not
representative in the certification elections, respondents under the as the case may be;
pretext that the result was on appeal, refused to sit down with the
union for the purpose of entering into a collective bargaining '4. That in case conflict or disagreement arises in the determination
agreement. Moreover, the workers including complainants herein of the status of the particular hacienda workers subject of this
were not given work for more than one month. In protest, agreement herein parties further agree to submit the same to

1
voluntary arbitration; Whether or not the Court of Appeals erred in holding that
respondents, admittedly seasonal workers, were regular
'5. To effect the above, a Committee to be chaired by Rose employees, contrary to the clear provisions of Article 280 of
Mengaling is hereby created to be composed of three the Labor Code, which categorically state that seasonal
"A.
representatives each and is given five working days starting Jan. 23, employees are not covered by the definition of regular
1992 to resolve the status of the subject 36 hacienda workers. employees under paragraph 1, nor covered under paragraph 2
(Union representatives: Bernardo Torres, Martin Alas-as, Ariston which refers exclusively to casual employees who have
Arulea Jr.)" served for at least one year.
"Pursuant thereto, the parties subsequently met and the Minutes of Whether or not the Court of Appeals erred in rejecting the
the Conciliation Meeting showed as follows: ruling in Mercado, xxx, and relying instead on rulings which
"B.
are not directly applicable to the case at bench, viz, Philippine
'The meeting started at 10:00 A.M. A list of employees was Tobacco, Bacolod-Murcia, and Gaco, xxx.
submitted by Atty. Tayko based on who received their 13th month Whether or not the Court of Appeals committed grave abuse
pay. The following are deemed not considered employees: of discretion in upholding the NLRC's conclusion that private
"C. respondents were illegally dismissed, that petitioner[s were]
guilty of unfair labor practice, and that the union be awarded
1. Luisa Rombo moral and exemplary damages."[8]
2. Ramona Rombo Consistent with the discussion in petitioners' Memorandum, we
3. Bobong Abrega shall take up Items A and B as the first issue and Item C as the
4. Boboy Silva second.

'The name Orencio Rombo shall be verified in the 1990 payroll.

The Court's Ruling
'The following employees shall be reinstated immediately upon
The Petition has no merit.
availability of work:

1. Jose Dagle 7. Alejandro Tejares

First Issue:
2. Rico Dagle 8. Gaudioso Rombo
Regular Employment
3. Ricardo Dagle 9. Martin Alas-as Jr.
4. Jesus Silva 10. Cresensio Abrega
At the outset, we must stress that only errors of law are generally
5. Fernando Silva 11. Ariston Eruela Sr.
reviewed by this Court in petitions for review on certiorari of CA
6. Ernesto Tejares 12. Ariston Eruela Jr.'
decisions.[9] Questions of fact are not entertained.[10] The Court is
"When respondents again reneged on its commitment,
not a trier of facts and, in labor cases, this doctrine applies with
complainants filed the present complaint.
greater force.[11] Factual questions are for labor tribunals to
resolve.[12] In the present case, these have already been threshed
"But for all their persistence, the risk they had to undergo in
out by the NLRC. Its findings were affirmed by the appellate court.
conducting a strike in the face of overwhelming odds, complainants
in an ironic twist of fate now find themselves being accused of
Contrary to petitioners' contention, the CA did not err when it held
'refusing to work and being choosy in the kind of work they have to
that respondents were regular employees.
perform'."[5] (Citations omitted)
Ruling of the Court of Appeals
Article 280 of the Labor Code, as amended, states:
The CA affirmed that while the work of respondents was seasonal in
"Art. 280. Regular and Casual Employment. - The provisions of
nature, they were considered to be merely on leave during the off-
written agreement to the contrary notwithstanding and regardless
season and were therefore still employed by petitioners. Moreover,
of the oral agreement of the parties, an employment shall be
the workers enjoyed security of tenure. Any infringement upon this
deemed to be regular where the employee has been engaged to
right was deemed by the CA to be tantamount to illegal dismissal.
perform activities which are usually necessary or desirable in the
usual business or trade of the employer, except where the
The appellate court found neither "rhyme nor reason in petitioner's
employment has been fixed for a specific project or undertaking the
argument that it was the workers themselves who refused to or
completion or termination of which has been determined at the
were choosy in their work." As found by the NLRC, the record of this
time of the engagement of the employee or where the work or
case is "replete with complainants' persistence and dogged
services to be performed is seasonal in nature and the employment
determination in going back to work."[6]
is for the duration of the season.
The CA likewise concurred with the NLRC's finding that petitioners
"An employment shall be deemed to be casual if it is not covered by
were guilty of unfair labor practice.
the preceding paragraph: Provided, That, any employee who has
rendered at least one year of service, whether such service is
Hence this Petition.[7]
continuous or broken, shall be considered a regular employee with
respect to the activity in which he is employed and his employment
Issues
shall continue while such activity exist." (Italics supplied)
For respondents to be excluded from those classified as regular
Petitioners raise the following issues for the Court's consideration:
employees, it is not enough that they perform work or services that
are seasonal in nature. They must have also been employed only for
the duration of one season. The evidence proves the existence of the

2
first, but not of the second, condition. The fact that respondents -- termination was for a valid and authorized cause."[16] In the case at
with the exception of Luisa Rombo, Ramona Rombo, Bobong Abriga bar, petitioners failed to prove any such cause for the dismissal of
and Boboy Silva -- repeatedly worked as sugarcane workers for respondents who, as discussed above, are regular employees.
petitioners for several years is not denied by the latter. Evidently,
petitioners employed respondents for more than one season.
Therefore, the general rule of regular employment is applicable. Second Issue:
Unfair Labor Practice
In Abasolo v. National Labor Relations Commission,[13] the Court
issued this clarification: The NLRC also found herein petitioners guilty of unfair labor
practice. It ruled as follows:
"[T]he test of whether or not an employee is a regular employee has
been laid down in De Leon v. NLRC, in which this Court held: "Indeed, from respondents' refusal to bargain, to their acts of
economic inducements resulting in the promotion of those who
"The primary standard, therefore, of determining regular withdrew from the union, the use of armed guards to prevent the
employment is the reasonable connection between the particular organizers to come in, and the dismissal of union officials and
activity performed by the employee in relation to the usual trade or members, one cannot but conclude that respondents did not want a
business of the employer. The test is whether the former is usually union in their hacienda a clear interference in the right of the
necessary or desirable in the usual trade or business of the workers to self-organization."[17]
employer. The connection can be determined by considering the We uphold the CA's affirmation of the above findings. Indeed,
nature of the work performed and its relation to the scheme of the factual findings of labor officials, who are deemed to have acquired
particular business or trade in its entirety. Also if the employee has expertise in matters within their respective jurisdictions, are
been performing the job for at least a year, even if the performance generally accorded not only respect but even finality. Their findings
is not continuous and merely intermittent, the law deems repeated are binding on the Supreme Court.[18] Verily, their conclusions are
and continuing need for its performance as sufficient evidence of accorded great weight upon appeal, especially when supported by
the necessity if not indispensability of that activity to the business. substantial evidence.[19] Consequently, the Court is not duty-bound
Hence, the employment is considered regular, but only with respect to delve into the accuracy of their factual findings, in the absence of
to such activity and while such activity exists. a clear showing that these were arbitrary and bereft of any rational
basis.[20]
xxxxxxxxx
The finding of unfair labor practice done in bad faith carries with it
"x x x [T]he fact that [respondents] do not work continuously for the sanction of moral and exemplary damages.[21]
one whole year but only for the duration of the x x x season does
not detract from considering them in regular employment since in a WHEREFORE, the Petition is hereby DENIED and the assailed
litany of cases this Court has already settled that seasonal workers Decision AFFIRMED. Costs against petitioners.
who are called to work from time to time and are temporarily laid
off during off-season are not separated from service in said period, SO ORDERED.
but merely considered on leave until re-employed."[14]
The CA did not err when it ruled that Mercado v. NLRC[15] was not
applicable to the case at bar. In the earlier case, the workers were
required to perform phases of agricultural work for a definite period
of time, after which their services would be available to any other
farm owner. They were not hired regularly and repeatedly for the
same phase/s of agricultural work, but on and off for any single
phase thereof. On the other hand, herein respondents, having
performed the same tasks for petitioners every season for several
years, are considered the latter's regular employees for their
respective tasks. Petitioners' eventual refusal to use their services --
even if they were ready, able and willing to perform their usual
duties whenever these were available -- and hiring of other workers
to perform the tasks originally assigned to respondents amounted
to illegal dismissal of the latter.

The Court finds no reason to disturb the CA's dismissal of what

petitioners claim was their valid exercise of a management
prerogative. The sudden changes in work assignments reeked of
bad faith. These changes were implemented immediately after
respondents had organized themselves into a union and started
demanding collective bargaining. Those who were union members
were effectively deprived of their jobs. Petitioners' move actually
amounted to unjustified dismissal of respondents, in violation of the
Labor Code.

"Where there is no showing of clear, valid and legal cause for the
termination of employment, the law considers the matter a case of
illegal dismissal and the burden is on the employer to prove that the