Carpio v. Modair Manila Co. Ltd. (2021)

Carpio v. Modair Manila Co. Ltd., G.R. No. 239622, June 21, 2021, Lopez, J.:

1. Background

• A Certificate of Employment dated May 23, 2013 issued by Modair's Deputy General Manager indicates that Carpio has been employed as a “contractor's employee (per project basis),” designated as “Electrician 3,” from October 27, 1998 to April 10, 2013.8 Apart from the Certificate of Employment, the evidence provides no further information regarding Carpio's employment between 1998 to 2008, only providing details from 2008 onwards.

• In a Memorandum dated August 1, 2008, Modair informed Carpio that the “IBIDEN BACK END EXPANSION Project will soon cease operation due to its project completion[,]” (Back End Expansion Project) for which Carpio's “services will be terminated effective August 15, 2008” and that he will be “notified accordingly for re-contract if [his] services will again be needed.” Identical language is found in a Memorandum dated November 30, 2009, terminating his services for the “PIL GREEN CONSTRUCTION Project” (PIL Green Project) effective December 15, 2009; and a Memorandum dated September 25, 2010, terminating his services for the “FAC D. UTIL. WORKS Project” (UTIL. Works Project) effective October 9, 2010.

• Apart from the foregoing, Modair also engaged Carpio for the “IBIDEN CPU S3 Project” (Ibiden CPU Project), for which Modair issued a Memorandum dated July 25, 2012, terminating his services effective August 10, 2012. Modair submitted an Establishment ...

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