Atok Big Wedge Company, Inc. v. Jesus Gison GR no.

169510 August 8, 2011| CASE FLOW

February, 1992
GISON was engaged as a
PART-TIME CCONSULTANT
ON RETAINER BASIS by
Atok through its Asst. VP
and Acting Resident
Manger, Rutillo Torres.
January 1992
Gison alleged that prior
to his appointment as
par time consultant, he
was approached by
Atok if he can help with
Atok’s problem
involving a 700 million
crop damage claims
February 1, 1992
A dialogue was made by Atok
and crop damage claimants.
Atok’s representative
including Gison was virtually
held hostage and demanded
on the spot payment of
claims. Gison however
convince claims to release
them and refer the case to
higher management. Later,
claimants lost interests in
case.
There was an Gison requested his registration with SSS but
Gison, as a consultant on Atok did not required Gison to executed retainer Atok did not accede to his request. He
retainer basis, assisted report on regular basis except agreement but such reiterated his request but was ignored again
Atok with matters when occasionally requested by was misplaced and by Atok.
pertaining to the the management to discuss can no longer be
prosecution of cases matters needing his expertise as a found. The retainer
against illegal surface consultant. Gison received a agreement continued
occupants within the retainer fee of 3,000 a month. February 4, 2003
for 11 years
area covered by Atok. Gison filed a complaint with SSS against Atok,
for its refusal to cause his registration with
September 26, 2003 February 21, 2003 SSS
Labor Arbiter Rolando Gambito ruled in NLRC Case No. RAB-CAR-02-0098-03
favor Atok. Finding no employer- Gison filed a complaint for illegal
employee relationship between the dismissal, unfair labor practice, Mario Cera (Resident Manager of Atok)
parties. underpayment of wags, non-payment of issued a Memorandum advising Gison that
13th month pay, vacation pay and sick Atok is terminating his retainer contract
leave pay with NLRC-RAB-Cordillera since his services are no longer necessary
July 30, 2004
On appeal by Gison, NLRC affirmed Labor
Arbiter’s decision. May 31, 2005
Gison filed a
CA annulled and set aside the decision of NLRC. It ordered ATok
petition for
to reinstate Gison with full backwages and other monetary
review under
benefits. Stating that Gison was already a regular employee of
September 30, 2004 Rule 65 of the
Atok since he had worked with Atok for 11 years.
Gison filed for a Motion for Rules of Court
The agreement for employment was indicated to be temporary
Reconsideration but was denied before CA
but Atok repeatedly assigned Gison several tasks to perform.
Even if Gison have waived his right to attain a regular status of
employment by agreeing to his task, still, it was the law that
Ayok filed for a petition for recognized and considered him a regular employee after his 1 st
review on certiorari seeking year of service. As such, the waiver is ineffective.
to reverse and set aside CA’s
decision

Atok parted ways with Benguet
Corporation, Gison helped
resolving the case and Atok
received its share of properties
from the partnership
Gison was assigned to do liaison
works with SEC, Bureau of
Mines, Municipal Government of
Itogon, Benguet, Courts and
other government offices.
Gison was permanently assigned by Atok to
take charge of some liaison matters and public
relations in Baguio and Benguet Province. He
reported to Atok’s office in Manila to attend
meetings at least one week a month