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Issue:
“Art. 280. Regular and Casual Employment. - The provisions of
written agreement to the contrary notwithstanding and
Whether petitioners have become regular employees. 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
Held:
the employer, xxx.”
A perusal of other petitioner’s respective charters would yield 2. Whether the court can issue a writ of mandamus against the
to the conclusion that these government agencies are enjoined, Officials of the City of Manila to stop the Construction of
as a matter of statutory obligation, to perform certain DMCI-PDI’s Torre de Manila project.
functions relating directly or indirectly to the clean up,
rehabilitation, protection, and preservation of the Manila Bay.
They are precluded from choosing not to perform these duties. Held: