G.R. No. 251156 . November 10, 2021
NORI CASTRO DE SILVA, PETITIONER, VS. URBAN KONSTRUCT STUDIO, INC., FORMERLY C.A. TEAM PLUS CONSTRUCTION INC./CNP CONSTRUCTION, INC., AND PATRICK CANDELARIA, RESPONDENT.

FACTS

Petitioner Nori Castro De Silva claimed he was employed as a carpenter in April 2009 and performed work for eight years for three construction companies owned by respondent Patrick Candelaria: CA Team Plus Construction, Inc., CNP Construction, Inc., and Urban Konstruct Studio, Inc. He presented four company identification cards as proof. On January 4, 2018, his brother and leadman, Adlir de Silva, informed him he was dismissed, telling him, “Umuwi ka na, wag ka na daw magtrabaho.” On January 25, 2018, Nori filed a complaint for constructive dismissal, non-payment of service incentive leave, 13th month pay, and retirement pay, plus damages and attorney’s fees.
Respondents contended Nori was employed only on January 25, 2017, when Urban Konstruct was incorporated, having been absorbed from M.L. Lopez Construction Services after its owner’s death. They asserted that on January 4, 2018, Patrick received a letter from Nori requesting retirement and 13th month pay. Patrick asked Adlir to have Nori come to the office to discuss the demand, but Nori neither went nor reported for work again. Respondents argued Nori abandoned his work and was not entitled to retirement pay due to insufficient service length.
The Labor Arbiter dismissed the complaint for lack of evidence proving illegal dismissal or entitlement to monetary claims, noting the absence of an affidavit from Adlir, a written dismissal notice, or proof of prevented entry, and found no basis to treat the three companies as one. The NLRC affirmed, noting Nori’s courteous demand letter negated a claim of hostile dismissal, upheld the separate corporate identities of the respondent companies, denied the monetary claims for eight years as service was rendered only for about a year with Urban Konstruct, and ordered Nori’s reinstatement. The NLRC also denied Nori’s motion for reconsideration as filed out of time.
The Court of Appeals dismissed Nori’s petition for certiorari due to procedural defects: failure to indicate material dates, failure to attach proof of service, and because the motion for reconsideration before the NLRC was filed out of time.

ISSUE

Whether the Court of Appeals erred in dismissing the petition for certiorari on procedural grounds and whether, on the merits, petitioner Nori Castro De Silva was illegally dismissed and entitled to his monetary claims, including retirement pay.

RULING

The Supreme Court denied the petition. On procedural grounds, the Court, while having the discretion to relax technical rules in the interest of substantial justice, found no compelling reason to do so in this case, as the procedural lapses were not adequately explained or justified. On the merits, the Court upheld the findings of the labor tribunals. Petitioner failed to substantiate his claim of illegal dismissal. The evidence showed he voluntarily stopped reporting for work after making a demand for benefits, constituting abandonment. His claim for retirement pay and other monetary benefits for eight years of service was unsubstantiated, as he failed to prove that the three respondent companies were a single entity or that his employment spanned eight continuous years with them. The companies maintained separate corporate identities, and petitioner’s employment with Urban Konstruct lasted only about a year, insufficient to qualify for retirement benefits under the Labor Code.