private respondents at least 5 times in the years 1977, 1984, 1985, 1986 and 1987 in
recognition of his above-average performance as ship officer. On the other hand,
petitioner Lagda qualified for the Merit Pay Program for 3 consecutive years, i.e., in
1986, 1987 and 1988, likewise, in view of his above-average performance.
Petitioner Millares further contends that public respondent NLRC committed grave
abuse of discretion amounting to lack of jurisdiction when it failed to rule that private
respondents should pay actual damages in the amount of P770,000.00 for having
wrongfully caused his name to be placed in the POEA watchlist.17[17] Such wrongful act
allegedly prevented petitioner Millares from leaving the Philippines to report on time to
his new employer, NAESS Shipping Corporation. Anent petitioner, public respondent
failed to consider the evidence presented by petitioner Millares on this issue.
Finally, petitioners aver that public respondent erred in not granting them moral and
exemplary damages, as well as attorneys fees and costs of litigation.
At this juncture, it is worthy to note that the Solicitor General, in his Manifestation and
Motion in Lieu of Comment, manifested that he is not opposing the instant petition and
that he, in fact, finds the contentions of petitioners meritorious in part.
Article 280 of the Labor Code, as amended, defines regular employment as follows:
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
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.
An employment shall be deemed to be casual if it is not covered by the
preceding paragraph. Provided, That, any employee who has rendered at
least one year of service, whether such service is continuous or broken,
shall be considered a regular employee with respect to the activity in
which he is employed and his employment shall continue while such
activity exists.
The primary standard to determine a regular employment is the reasonable connection
between the particular activity performed by the employee in relation to the usual
17[17]
Rollo, p. 85.