Documente Academic
Documente Profesional
Documente Cultură
ARTICLE XIII
Social Justice and Human Rights
Labor
SECTION 3. The State shall afford full protection to labor,
local and overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane conditions
of work, and a living wage. They shall also participate in policy
and decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation, and
shall enforce their mutual compliance therewith to foster
industrial peace.
report for work since Feb. 22, which will result to hold his
monetary entitlements such as salary, commission and others.
Few days after, he filed a complaint of his illegal dismissal
against his employer in NLRC.
As per the respondents' defense, they alleged that Uy has
voluntarily left his job after he known that not all his
commission will be given to him since some of them are not yet
delivered. The witnesses corroborated with all the statements of
the respondents.
The Labor Arbiter ruled in favor of the respondent, wherein they
appreciated that the petitioner who opted not to report for work
because he could not accept his possible transfer to another
department.
The NLRC reversed the Arbiter's ruling. Wherein they found
questionable circumstances which pertains to the P1.5m quota.
He was singled out even if all of them failed in meeting such
quota.
The CA reversed the NLRC's decision wherein the CA
appreciated that he asked for his dismissal from his superiors.
Issue: Whether petitioner was dismissed by the respondents or
voluntarily severed his employment by abandoning his job.
Held: The former was upheld. The court granted his petition
wherein the NLRC's finding of illegal dismissal is supported by
totality of evidence and more consistent with logic and ordinary
human experiance than the common finding of the CA and
Labor Arbiter that petitioner informally severed his employment
relations with the company.
Resignation is defined as"the voluntary act of employees who
are compelled by personal reasons to disassociate themselves
from their employment. It must be done with the intention of
relinquishing an office, accompanied by the act of
abandonment."[15] In this case, the evidence on record suggests
that petitioner did not resign; he was orally dismissed by Sy. It
is this lack of clear, valid and legal cause, not to mention due
process, that made his dismissal illegal, warranting
reinstatement and the award of backwages.
When there is no showing of a clear, valid and legal cause for
the termination of employment, the law considers it a case of
illegal dismissal. Furthermore, Article 4 of the Labor Code
expresses the basic principle that all doubts in the interpretation
and implementation of the Labor Code should be interpreted in
favor of the workingman.
DE CASTRO V. LIBERTY BROADCASTING NETWORK
(GR NO. 165153)
FACTS: Petitioner, Carlos de Castro, worked as a chief building
administrator at Liberty Broadcasting Network, Inc. (LBNI).
Thereafter, LBNI dismissed de Casto on the grounds of serious
misconduct, fraud and willful breach of trust. Aggrieve, de
Castro filed a complaint for illegal dismissal. The Labor Arbiter
rendered a decision holding the LBNI liable for illegal dismissal
of de Castro. However, the decision of Labor Arbiter was first
reversed by the NLRC but on de Castros motion for
reconsideration, the NLRC reinstated the LAs decision. Upon
appeal to the CA, the CA reversed the NLRCs decision and
held that de Castros dismissal was based on valid grounds.
However, the Court took notice that de Castros dismissal was
based on unsubstantiated charges. Hence, this appeal.
ISSUE: Whether or not the dismissal of de Castro was lawful
Page 1 of 24
Labor Standards
HELD: No. The Court ruled that the grounds that LBNI
invoked for de Castro's dismissal were, at best, doubtful, based
on the evidence presented. Aying, a contractor, earlier executed
an affidavit stating that de Castro asked him for commission, but
in his second affidavit, he recanted his statement and exonerated
de Castro.The other witnesses, Niguidula and Balais, were
LBNI employees who resented de Castro. We noted that de
Castro had not stayed long in the company and had not even
passed his probationary period when the acts charged allegedly
took place. We found this situation contrary to common
experience, since new employees have a natural motivation to
make a positive first impression on the employer, if only to
ensure that they are regularized. Hence, this doubts should be
interpreted in de Castros favor. Thus, under Article 4 of the
Labor Code, all doubts in the implementation and
interpretation of the provisions of this Code, including its
implementing rules and regulations, shall be resolved in favor of
labor. Hence, the Court held that between a laborer and his
employer, doubts reasonably arising from the evidence or
interpretation of agreements and writing should be resolved in
the former's favor. Therefore, the motion for reconsideration by
LBNI was denied.
PEAFLOR vs OUTDOOR ; G.R. No. 177114 ; January 21,
2010
FACTS: Manolo A. Peaflor was hired on September 2, 1999 as
probationary Human Resource Department (HRD) Manager of
respondent Outdoor Clothing Manufacturing Corporation. Two
staff members work with him to assist him in his functions.
He claimed his relationship with the company went well during
the first few months but his woes began when the VP for
Operations (Edgar Lee) left the company after a big fight with
Chief Corporate Officer Nathaniel Syfu. Because of his close
association with Lee, Peaflor claimed that he was among those
who bore Syfus ire.
Outdoor Clothing downsized and Peaflor alleged that his
department had been singled out, as his two staff members were
dismissed, making him a one-man department. When an
employee suffered injuries in an accident, he had to work
outside office premises to undertake this task. As he was acting
on company's orders, he was surprised when the company
deducted 6 days salary corresponding to the time he assisted the
employee. And on 10 March 2000, Syfu had appointed
Nathaniel Buenaobra as the new HRD Manager. He tried to
clarify the matter but was unable to do so. Peaflor claimed that
he had no option but to resign. He submitted a resignation letter
effective on March 15, 2000.
Peaflor then filed a complaint for illegal dismissal with the labor
arbiter, claiming that he had been constructively dismissed.
Outdoor Clothing denied the allegation. The labor arbiter found
that Peaflor had been illegally dismissed, however the NLRC
apparently found Outdoor Clothings submitted memoranda
sufficient to overturn the labor arbiters decision. CA affirmed
the NLRCs decision, stating that Peaflor failed to present
sufficient evidence supporting his claim that he had been
constructively dismissed.
PARTIES ARGUMENTS: Peaflor insists that, contrary to the
findings of the NLRC and the CA, he had been constructively
dismissed from his employment with Outdoor Clothing. He
alleges that the dismissal of his two staff members, the
demeaning liaison work he had to perform as HRD Manager, the
salary deduction for his alleged unauthorized absences, and the
appointment of Buenaobra as the new HRD manager even
before he tendered his resignation, were clear acts of
Page 2 of 24
Labor Standards
NORKIS UNION v. NORKIS TRADING - G.R. No. 157098
- June 30, 2005
FACTS: Herein parties entered into a Collective Bargaining
Agreement (CBA) effective from August 1, 1994 to July 31,
1999.
Sec. 1. Salary Increase. The Company shall
grant a FIFTEEN (P15.00) PESOS per day
increase to all its regular or permanent
employees effective August 1, 1994.
Sec. 2. Minimum Wage Law Amendment. In
the event that a law is enacted increasing
minimum wage, an across-the-board increase
shall be granted by the company according to
the provisions of the law.
On January 27, 1998, a re-negotiation of the CBA was
terminated and pursuant to which a Memorandum of Agreement
was forged between the parties. Pursuant to said Memorandum
of Agreement, the employees received wage increases of P10.00
per day effective August 1, 1997 and P10.00 per day effective
August 1, 1998.
As a result, the agreed P10.00 re-negotiated salary increase
effectively raised the daily wage of the employees to P165.00
retroactive August 1, 1997; and another increase of P10.00,
effective August 1, 1998, raising the employees daily wage to
P175.00.
On March 10, 1998, the Regional Tripartite Wage Productivity
Board (RTWPB) of Region VII issued Wage Order ROVII-06
which established the minimum wage of P165.00.
In accordance with the Wage Order and Section 2, Article XII of
the CBA, petitioner demanded an across-the-board increase.
However, respondent refused and argued that long before the
passage of Wage Order ROVII-06 and by virtue of the
Memorandum of Agreement it entered with herein petitioner,
respondent was already paying its employees a daily wage of
P165.00 per day while the minimum wage at that time was still
P155.00 per day. Also, on August 1, 1998, respondent again
granted an increase from P165.00 per day to P175.00, so that at
the time of the effectivity of Wage Order No. 06 on October 1,
1998 prescribing the new minimum wage of P165.00 per day,
respondents employees were already receiving P175.00 per day.
A preventive mediation complaint was filed by herein petitioner
before the National Conciliation and Mediation Board. In his
decision, public respondent arbitrator found herein respondent
not to have complied with the wage order because the CBA
provision in question is worded and couched in a vague and
unclear manner.
Respondent elevated the case to the CA held that respondent had
sufficiently complied with Wage Order No. ROVII-06. The
Board had opined that since adjustments granted are only to
raise the minimum wage or the floor wage as a matter of policy,
wages granted over the above amount set by this Board is
deemed a compliance.
Sy vs Philippine Transmarine
Facts: Alfonso Sy was hired by Philippine Transmarine Carriers
as Able Seaman (AB) on board M/V Chekiang for the duration
of ten months, with a basic monthly salary of US$512.00.
While the vessel was at the Port of Jakarta, Indonesia, AB Sy
went on shore leave and left the vessel. Later, his cadaver was
found. A forensic pathologist certified that AB Sy's death was an
accident due to drowning, and that there was trace of alcohol in
his urine.
AB Sy's body was repatriated to the Philippines. Susana R. Sy,
widow of AB Sy, demanded from respondents payment of her
husband's death benefits and compensation. Respondents denied
such claim, since AB Sy's death occurred while he was on a
shore leave, hence, his death was not work-related and,
therefore, not compensable.
HELD: No. The Court ruled that the Wage Order was intended
to fix a new minimum wage only, not to grant across-the-board
wage increases to all employees in Region VII.
Page 3 of 24
Labor Standards
resulting in disability or death arising out of and in the course of
employment. Thus, there is a need to show that the injury
resulting to disability or death must arise (1) out of employment,
and (2) in the course of employment.
The words "arising out of" refer to the origin or cause
of the accident, and are descriptive of its character, while the
words "in the course of" refer to the time, place and
circumstances under which the accident takes place.
As a matter of general proposition, an injury or accident is said
to arise "in the course of employment" when it takes place
within the period of the employment, at a place where the
employee reasonably may be, and while he is fulfilling his
duties or is engaged in doing something incidental thereto.
It is not enough that death occurred during the term of the
employment contract, but must be work-related to be
compensable.
There is a need to show the connection of AB Sy's death with
the performance of his duty as a seaman. As we found, AB Sy
was not in the performance of his duty as a seaman, but was
doing an act for his own personal benefit at the time of the
accident. The cause of AB Sys death at the time he was on
shore leave which was drowning, was not brought about by a
risk which was only peculiar to his employment as a seaman.
Page 4 of 24
Labor Standards
13th month pay and the cash equivalent of not more than five
(5) days service incentive leaves" unless the parties provide for
broader inclusions), a fraction of at least six (6) months being
considered as one whole year
The National Labor Relations Commission (NLRC) to which
respondents appealed reversed the Labor Arbiter's ruling and
dismissed petitioner's complaint. Citing R & E Transport, Inc. v.
Latag, the NLRC held that since petitioner was paid on purely
commission basis, he was excluded from the coverage of the
laws on 13th month pay and SIL pay, hence, the 1/12 of the 13th
month pay and the 5-day SIL should not be factored in the
computation of his retirement pay.
Petitioner's motion for reconsideration having been denied by
Resolution, he appealed to the Court of Appeals. The appellate
court affirmed the NLRC's ruling. Petitioner's motion for
reconsideration was again denied, hence, the present petition for
review on certiorari
Issue: WON the petitioner is excluded from the coverage of the
laws on 13th month pay and SIL pay, hence, the 1/12 of the 13th
month pay and the 5-day SIL should not be factored in the
computation of his retirement pay.
Held: No. It bears emphasis that under P.D. 851 or the SIL Law,
the exclusion from its coverage of workers who are paid on a
purely commission basis is only with respect to field personnel.
According to Article 82 of the Labor Code, "field personnel"
shall refer to non-agricultural employees who regularly perform
their duties away from the principal place of business or branch
office of the employer and whose actual hours of work in the
field cannot be determined with reasonable certainty.
This definition is further elaborated in the Bureau of Working
Conditions (BWC), Advisory Opinion to Philippine TechnicalClerical Commercial Employees Association which states that:
If required to be at specific places at specific times, employees
including drivers cannot be said to be field personnel despite
the fact that they are performing work away from the principal
office of the employee.
Facts:
Respondent Antonio Bautista has been employed by the
petitioner Auto Bus Transport Systems Inc. as driver
conductor. He was paid on commission basis, seven percent
(7%) of the total gross income per travel, on a twice a month
basis.
On 03 January 2000, while respondent was driving Autobus No.
114 along Sta. Fe, Nueva Vizcaya, and the bus he was driving
accidentally bumped the rear portion of another bus that owned
also by the company, as the latter vehicle suddenly stopped at a
sharp curve without giving any warning. He claimed that he
bumped the he accidentally bumped the bus as he was so tired
and that he has not slept for more than 24 hours because Auto
Bus required him to return to Isabela immediately after arriving
at Manila. Sad to say as result of the accident, respondent
further alleged that he was not allowed to work until he fully
Held:
1. Yes Bautista is entitled to Service Incentive Leave. The
Supreme Court emphasized that it does not mean that the
respondent was paid on purely commission basis, and that he
will not be entitled to Service Incentive Leave.
Page 5 of 24
Labor Standards
The first issue shall be resolved is that, in order to resolve the
issue of propriety of the grant of service incentive leave to
respondent is whether or not he is a field personnel.
According to Article 82 of the Labor Code, field personnel
shall refer to non-agricultural employees who regularly perform
their duties away from the principal place of business or branch
office of the employer and whose actual hours of work in the
field cannot be determined with reasonable certainty.
Furthermore, as a general rule, [field personnel] are those whose
performance of their job/service is not supervised by the
employer or his representative, the workplace being away from
the principal office and whose hours and days of work cannot be
determined with reasonable certainty; hence, they are paid
specific amount for rendering specific service or performing
specific work. If required to be at specific places at specific
times, employees including drivers cannot be said to be field
personnel despite the fact that they are performing work away
from the principal office of the employee. Auto Bus Transport
Systems.
Moreover, as observed by the Labor Arbiter and concurred in by
the Court of Appeals:
It is of judicial notice that along the routes that are
plied by these bus companies, there are its inspectors
assigned at strategic places who board the bus and
inspect the passengers, the punched tickets, and the
conductors reports. There is also the mandatory oncea-week car barn or shop day, where the bus is regularly
checked as to its mechanical, electrical, and hydraulic
aspects, whether or not there are problems thereon as
reported by the driver and/or conductor. They too, must
be at specific place as [sic] specified time, as they
generally observe prompt departure and arrival from
their point of origin to their point of destination. In
each and every depot, there is always the Dispatcher
whose function is precisely to see to it that the bus and
its crew leave the premises at specific times and arrive
at the estimated proper time.
In the case at bar, respondent Antonio Bautista is not a field
employee but a regular employee who performs tasks usually
necessary and desirable to the usual trade of petitioners
business. He has a specific route to traverse as a bus driver and
that is a specific place that he needs to be at work. Also through
the inspector, the respondent Antonio Bautista constantly
checking upon him.
Therefore, respondent is entitled to the grant of service incentive
leave.
2. Yes - Article 291 of the Labor Code states that all money
claims arising from employer-employee relationship shall be
filed within three (3) years from the time the cause of action
accrued; otherwise, they shall be forever barred.
In the application of this section of the Labor Code, the pivotal
question to be answered is when the cause of action for money
claims accrues in order to determine the reckoning date of the
three-year prescriptive period.
Correspondingly, it can be conscientiously deduced that the
cause of action of an entitled employee to claim his service
incentive leave pay accrues from the moment the employer
refuses to remunerate its monetary equivalent if the employee
did not make use of said leave credits but instead chose to avail
of its commutation. Accordingly, if the employee wishes to
accumulate his leave credits and opts for its commutation upon
his resignation or separation from employment, his cause of
action to claim the whole amount of his accumulated service
incentive leave shall arise when the employer fails to pay such
amount at the time of his resignation or separation from
employment.
Applying Article 291 of the Labor Code in light of this
peculiarity of the service incentive leave, we can conclude that
the three (3)-year prescriptive period commences, not at the end
of the year when the employee becomes entitled to the
commutation of his service incentive leave, but from the time
when the employer refuses to pay its monetary equivalent
after demand of commutation or upon termination of the
employees services, as the case may be.
David v Macasio G.R. No. 195466
Facts:
Respondent Macasio, employed as butcher in Yiels Hog Dealer
which owned and managed by the petitioner Ariel L. David,
filed before the Labor Arbiter a complaint against to the
petitioner for nonpayment of overtime pay, holiday pay, and 13th
month pay. He also claimed payment for moral and exemplary
damages and attorneys fees as well as the service incentive
leave (SIL).
Macasio also claimed that David exercised effective control and
supervision over his work, pointing out that David: (1) set the
work day, reporting time and hogs to be chopped, as well as the
manner by which he was to perform his work; (2) daily paid his
salary of P700.00, which was increased from P600.00 in 2007,
P500.00 in 2006 and P400.00 in 2005; and (3) approved and
disapproved his leaves.
On the other hand, David claimed that he started his hog dealer
business in 2005 and that he only has ten employees. He alleged
that he hired Macasio as a butcher or chopper on pakyaw or
task basis who is, therefore, not entitled to overtime pay, holiday
pay and 13th month pay pursuant to the provisions of the
Implementing Rules and Regulations (IRR) of the Labor Code.
David pointed out that Macasio: (1) usually starts his work at
10:00 p.m. and ends at 2:00 a.m. of the following day or earlier,
depending on the volume of the delivered hogs; (2) received the
fixed amount of P700.00 per engagement, regardless of the
actual number of hours that he spent chopping the delivered
hogs; and (3) was not engaged to report for work and,
accordingly, did not receive any fee when no hogs were
delivered.
Later on, the Labor Arbiter rendered decision which gave
credence the claim of the petitioner that he engaged Macasio on
pakyaw or task basis. He also concluded that since Macasio
was engaged on pakyaw or task basis, thus, Macasio is not
entitled to overtime, holiday, SIL, and 13th month pay.
Upon the decision of the Labor Arbiter, Macasio raised his
complaint to the NLRC.
Subsequently, NLRC rendered decision affirming the Labor
Arbiters decision. The NLRC observed that David did not
require Macasio to observe an eight-hour work schedule to earn
the fixed P700.00 wage; and that Macasio had been performing
a non-time work, pointing out that Macasio was paid a fixed
amount for the completion of the assigned task, irrespective of
the time consumed in its performance. Since Macasio was paid
by result and not in terms of the time that he spent in the
workplace, Macasio is not covered by the Labor Standards laws
Page 6 of 24
Labor Standards
on overtime, SIL and holiday pay, and 13th month pay under the
Rules and Regulations Implementing the 13th month pay law.
Macasio filed a motion for reconsideration, but sad to say it was
denied by the NLRC. As a result, Macasio elevated his case to
the CA through a petition on certiorari.
(4) David had the right and power to control and supervise.
Therefore, the totality of surrounding circumstances of the
present case sufficiently points to an employer-employee
relationship existing between David and Macasio.
Macasio is engaged on pakyaw or task basis:
LA, the NLRC and the CA found that Macasio was engaged
or paid on pakyaw or task basis. This factual finding binds the
Court under the rule that factual findings of labor tribunals when
supported by the established facts and in accord with the laws,
especially when affirmed by the CA, is binding on this Court.
A distinguishing characteristic of pakyaw or task basis
engagement, as opposed to straight-hour wage payment, is the
non-consideration of the time spent in working. In a task-basis
work, the emphasis is on the task itself, in the sense that
payment is reckoned in terms of completion of the work, not in
terms of the number of time spent in the completion of work.
Once the work or task is completed, the worker receives a fixed
amount as wage, without regard to the standard measurements
of time generally used in pay computation.
On the issue of Macasios entitlement to holiday, SIL, and
13th month pay:
Issue:
Whether or not the CA correctly found the NLRC in grave abuse
of discretion in ruling that Macasio is entitled to these labor
standards benefits.
Held:
Yes CA correctly found that NLRC committed a grave abuse
of discretion in ruling that Macasio is not entitled to the labor
standards benefits. The following factors show that NLRC
erroneously did not consider in granting Macasio to the labor
standards benefits,
Macasio is Davids employee
Under the four-fold test of employment relationship, there are
four elements need to be considered the existence of the
employer employee relationship:
(3) Third, David had been setting the day and time when
Macasio should report for work. This power to determine
the work schedule obviously implies power of control.
Page 7 of 24
Labor Standards
the employer and whose actual hours of work in the
field cannot be determined with reasonable certainty.
The wordings of Article 82 of the Labor Code additionally
categorize workers paid by results and field personnel as
separate and distinct types of employees who are exempted from
the Title I provisions of the Labor Code.
The pertinent portion of Article 94 of the Labor Code and its
corresponding provision in the IRR reads:
Art.94.Right to holiday pay.(a) Every worker shall be paid
his regular daily wage during regular holidays, except in retail
and service establishments regularly employing less than (10)
workers.
unlike Article 82 of the Labor Code, the IRR on holiday and SIL
pay do not exclude employees engaged on task basis as a
separate and distinct category from employees classified as
field personnel. Rather, these employees are altogether
merged into one classification of exempted employees.
In short, the payment of an employee on task or pakyaw basis
alone is insufficient to exclude one from the coverage of SIL
and holiday pay. They are exempted from the coverage of Title I
(including the holiday and SIL pay) only if they qualify as field
personnel.
In the case at bar, Macasio does not fall under the definition of
field personnel which states the following circumstances:
xxxx
xxxx
Page 8 of 24
Labor Standards
low retainer fee. Maxicare filed a motion for reconsideration
but it was denied by the CA. Thereafter, Maxicare filed a
petition questioning the existence of employer-employee
relationship. It contended that there could have been no
employer-employee relationship arising from the oral medical
retainership agreement between the parties. On the other hand,
Dr. Contreras basically counters that Maxicare did not raise the
issue of the existence of an employer-employee relationship
before the lower courts making it irrelevant.
ISSUE: Whether or not the Court has the jurisdiction to solve
the employer-employee relationship problem despite of its
timely raise
HELD: No. The Court held that a party who deliberately adopts
a certain theory upon which the case is tried and decided by the
lower court, will not be permitted to change theory on appeal.
Points of law, theories, issues and arguments not brought to the
attention of the lower court need not be, and ordinarily will not
be, considered by a reviewing court, as these cannot be raised
for the first time at such late stage. Furthermore, the alleged
absence of employer-employee relationship cannot be raised for
the first time on appeal. Given that Maxicare exerted no effort to
question the employer-employee relationship on the lower
courts, it has no right to include such issue for the first time in
an appeal. As stated in the case, it is a fundamental rule of
procedure that higher courts are precluded from entertaining
matters neither alleged in the pleadings nor raised during the
proceedings below, but ventilated for the first time only in a
motion for reconsideration or on appeal. Petitioner is bound by
its submissions that respondent is its employee and it should not
be permitted to change its theory. Such change of theory cannot
be tolerated on appeal, not due to the strict application of
procedural rules, but as a matter of fairness.
SEMBLANTE vs. CA ; G.R. No. 196426 ; August 15, 2011
FACTS: Petitioners Marticio Semblante (Semblante) and
Dubrick Pilar (Pilar) assert that they were hired by respondentsspouses Vicente and Maria Luisa Loot owners of Gallera de
Mandaue (the cockpit).
As the masiador, Semblante calls and takes the bets from the
gamecock owners and other bettors and orders the start of the
cockfight. He also distributes the winnings. On the other hand,
as the sentenciador, Pilar oversees the proper gaffing of fighting
cocks, determines the fighting cocks physical condition and
capabilities to continue the cockfight, and eventually declares
the result of the cockfight.
They work every Tuesday, Wednesday, Saturday, and Sunday,
excluding monthly derbies and cockfights held on special
holidays. Their work starts at 1:00 p.m. and last until 12:00
midnight, or until the early hours of the morning depending on
the needs of the cockpit. Petitioners had both been issued
employees ID.
One day, petitioners were denied entry into the cockpit upon the
instructions of respondents, and were informed of the
termination of their services. And so, they file a complaint for
illegal dismissal against respondents. Loot spouses denied that
petitioners were their employees. They claimed that petitioners
have no regular working time or day, and were free to report or
not. They also claimed that petitioners were only issued IDs to
indicate that they were free from the normal entrance fee.
FACTS: PSI, together with Dr. Miguel Ampil and Dr. Juan
Fuentes was impleaded by Enrique Agana and Natividad Agana
(later substituted by her heirs), in a complaint for damages filed
in the RTC for the injuries suffered by Natividad when Dr.
Ampil and Dr. Fuentes neglected to remove from her body two
gauzes which were used in the surgery they performed on her on
April 11, 1984 at the Medical City General Hospital. PSI was
impleaded as owner, operator and manager of the hospital.
The RTC held PSI solidarily liable with Dr. Ampil and Dr.
Fuentes for damages. On appeal, the CA absolved Dr. Fuentes
but affirmed the liability of Dr. Ampil and PSI, subject to the
right of PSI to claim reimbursement from Dr. Ampil.
Page 9 of 24
Labor Standards
On petition for review, this Court affirmed the CA decision. PSI
filed a motion for reconsideration but the Court denied.
The Court premised the direct liability of PSI to the Aganas on
the ground that there existed between PSI and Dr. Ampil an
employer-employee relationship as contemplated in the
December 29, 1999 decision in Ramos v. Court of Appeals that
for purposes of allocating responsibility in medical negligence
cases, an employer-employee relationship exists between
hospitals and their consultants.
PSI is now asking this Court to reconsider the foregoing ruling
for the reason that the declaration in the 31 January 2007
Decision that the ruling in Ramos vs. Court of Appeals (G.R.
No. 134354, December 29, 1999) that an employer-employee
relations exists between hospital and their consultants stays
should be set aside for being inconsistent with or contrary to the
import of the resolution granting the hospital's motion for
reconsideration in Ramos vs. Court of Appeals (G.R. No.
134354, April 11, 2002), which is applicable to PSI since the
Aganas failed to prove an employer-employee relationship
between PSI and Dr. Ampil and PSI proved that it has no control
over Dr. Ampil. In fact, the trial court has found that there is no
employer-employee relationship in this case and that the doctor's
are independent contractors.
ISSUE: WON an employer-employee relation exists between
PSI and Dr. Ampil
HELD: NO. The Court ruled that the concurrent finding of the
RTC and the CA that PSI was not the employer of Dr. Ampil is
correct.
This Court still employs the control test to determine the
existence of an employer-employee relationship between
hospital and doctor. In Calamba Medical Center, Inc. v.
National Labor Relations Commission, et al. it held:
Under the "control test", an employment relationship exists
between a physician and a hospital if the hospital controls
both the means and the details of the process by which the
physician is to accomplish his task.
xx xx xx
As priorly stated, private respondents maintained specific workschedules, as determined by petitioner through its medical
director, which consisted of 24-hour shifts totaling forty-eight
hours each week and which were strictly to be observed under
pain of administrative sanctions.
That petitioner exercised control over respondents gains light
from the undisputed fact that in the emergency room, the
operating room, or any department or ward for that matter,
respondents' work is monitored through its nursing supervisors,
charge nurses and orderlies. Without the approval or consent of
petitioner or its medical director, no operations can be
undertaken in those areas. For control test to apply, it is not
essential for the employer to actually supervise the
performance of duties of the employee, it being enough that
it has the right to wield the power.
In fine, as there was no dispute over the RTC finding that PSI
and Dr. Ampil had no employer-employee relationship, such
finding became final and conclusive even to this Court. There
was no reason for PSI to have raised it as an issue in its petition.
Thus, whatever discussion on the matter that may have ensued
was purely academic.
Control as a determinative factor in testing the employeremployee relationship between doctor and hospital under
which the hospital could be held vicariously liable to a
patient in medical negligence cases is a requisite fact to be
established by preponderance of evidence.
Here, there was insufficient evidence that PSI exercised the
power of control or wielded such power over the means and the
details of the specific process by which Dr. Ampil applied his
skills in the treatment of Natividad. Consequently, PSI cannot be
held vicariously liable for the negligence of Dr. Ampil under the
principle of respondeat superior.
Calamba Medical vs. NLRC, G.R. No. 176484; November
25, 2008
Facts: The Calamba Medical Center (petitioner), a privatelyowned hospital, engaged the services of medical doctorsspouses Ronaldo Lanzanas (Dr. Lanzanas) and Merceditha
Lanzanas (Dr. Merceditha) in March 1992 and August 1995,
respectively, as part of its team of resident physicians. The work
schedules of the members of the team of resident physicians
were fixed by petitioner's medical director Dr. Raul Desipeda
(Dr. Desipeda). On March 7, 1998, Dr. Meluz Trinidad (Dr.
Trinidad), also a resident physician at the hospital, inadvertently
overheard a telephone conversation of respondent Dr. Lanzanas
with a fellow employee, Diosdado Miscala, through an
extension telephone line. Apparently, Dr. Lanzanas and Miscala
were discussing the low "census" or admission of patients to the
hospital.
Dr. Desipeda whose attention was called to the above-said
telephone conversation issued to Dr. Lanzanas a Memorandum
of March 7, 1998, giving Dr. Lazanas 24 hours to explain why
no disciplinary action should be taken against him. Pending
investigation of the case, he was placed under 30-day preventive
suspension upon receipt thereof. Dr. Merceditha was also not
given any work schedule.
On March 20, 1998, Dr. Lanzanas filed a complaint for illegal
suspension before the National Labor Relations Commission
(NLRC)-Regional Arbitration Board (RAB) IV. Dr. Merceditha
subsequently filed a complaint for illegal dismissal.
By Decision of March 23, 1999, Labor Arbiter Antonio R.
Macam dismissed the spouses' complaints for want of
jurisdiction upon a finding that there was no employer-employee
relationship between the parties, the fourth requisite or the
"control test" in the determination of an employment bond being
absent. On appeal, the NLRC, by Decision of May 3, 2002,
reversed the Labor Arbiter's findings. Petitioner's motion for
reconsideration having been denied, it brought the case to the
Court of Appeals on certiorari. The appellate court, by June 30,
2004 Decision,[22] initially granted petitioner's petition and set
aside the NLRC ruling. However, upon a subsequent motion for
reconsideration filed by respondents, it reinstated the NLRC
decision in an Amended Decision.
Issue: WON there exists an employer-employee relationship
between petitioner and the spouses-respondents.
Held: Yes. Under the "control test," an employment relationship
exists between a physician and a hospital if the hospital controls
both the means and the details of the process by which the
physician is to accomplish his task. In the case at bar, first,
private respondents maintained specific work-schedules, as
determined by petitioner through its medical director, which
consisted of 24-hour shifts totaling forty-eight hours each week
and which were strictly to be observed under pain of
Page 10 of 24
Labor Standards
administrative sanctions. Second, Without the approval or
consent of petitioner or its medical director, no operations can
be undertaken in those areas. For control test to apply, it is not
essential for the employer to actually supervise the performance
of duties of the employee, it being enough that it has the right to
wield the power. Third, petitioner itself provided
incontrovertible proof of the employment status of respondents,
namely, the identification cards it issued them, the payslips and
BIR W-2 (now 2316) Forms which reflect their status as
employees, and the classification as "salary" of their
remuneration. Moreover, it enrolled respondents in the SSS and
Medicare (Philhealth) program. Lastly, under Section 15, Rule
X of Book III of the Implementing Rules of the Labor Code, an
employer-employee relationship exists between the resident
physicians and the training hospitals, unless there is a training
agreement between them, and the training program is duly
accredited or approved by the appropriate government agency.
In respondents' case, they were not undergoing any
specialization training.
Page 11 of 24
Labor Standards
evidence that were never mentioned nor considered in our
Decision of November 7, 2008.
On April 30, 1998, the Labor Arbiter a quo issued the assailed
decision dismissing the complaint for lack of merit.
Page 12 of 24
Labor Standards
(3) Casual employees or those who are neither regular nor
project employees.
In addition, In Hacienda Fatima vs. National Federation of
Sugarcane Workers-Food and General Trade, the Supreme
Court condensed the rule that the primary standard for
determining regular employment is the reasonable connection
between the particular activity performed by the employee vis-vis the usual trade or business of the employer. This
connection can be determined by considering the nature of
the work performed and its relation to the scheme of the
particular business or trade in its entirety. If the employee has
been performing the job for at least a year, even if the
performance is not continuous and merely intermittent, the law
deems repeated and continuing need for its performance as
sufficient evidence of the necessity if not indispensability of that
activity to the business. Hence, the employment is considered
regular, but only with respect to such activity and while such
activity exists.
In this case, the issue, therefore, of whether respondents were
regular employees of petitioner has been adequately dealt with.
The labor arbiter, the NLRC and the Court of Appeals have
similarly held that respondents were regular employees of
petitioner. Since it is a settled rule that the factual findings of
quasi-judicial agencies which have acquired expertise in the
matters entrusted to their jurisdiction are accorded by this Court
not only respect but even finality, we shall no longer disturb this
finding.
Also, we also find no reason to disturb the finding that
respondents were illegally terminated. When there is no
showing of clear, valid and legal cause for the termination of
employment, the law considers the matter a case of illegal
dismissal and the burden is on the employer to prove that the
termination was for a just or authorized cause. In this case, as
found both by the NLRC and the Court of Appeals, petitioner
failed to prove any such cause for the dismissal of respondents.
Therefore, the instant petition is denied, and the respondents are
to be considered as regular employees, thus, they are entitled to
monetary claims.
Francisco v NLRC (Employer-employee relationship)
Aug 31, 2006
Facts: In 1995, Petitioner Angelina Francisco was hired by
Kasei Corp. during its incorporation stage. She was designated
as Accountant and Corporate Secretary. She was also designated
as Liason Officer to the City of Makati to secure business
permits, construction permits and other licenses for the initial
operation of the company.
In 1996, petitioner was designated as Acting Manager, she was
assigned to handle recruitment of all employees and perform
management administration functions; represent the company in
all dealings with government agencies, such as, BIR, SSS, etc.
For five years, she performed duties of Acting Manager, as of
December 31, 2000, her salary was P27,500.00 plus P3,000.00
housing allowance and a 10% share in the profit of Kasei Corp.
In January 2001, she was replaced by Liza Fuentes as Manager
and she was designated as Technical Assistant to Seiji Kimura in
charge of all BIR matters. Her Salary went down to P2,500.00 a
month, her mid year bonus was also not paid. On Oct. 2001, she
did not receive her salary from the company, even after repeated
follow-ups, she was advised that the company was not earning
well.
On Oct. 15, 2001, she asked for her salary from Acedo, she was
informed that she is no longer connected with the company, she
did not reported for work and filed for constructive dismissal
before the labor arbiter.
Respondents averred that the petitioner is not an employee of
Kasei Corp. They alleged that petitioner was hired as technical
consultants on accounting matters and act as Corporate
Secretary. As technical consultant, she will work at her own
discretion without control and supervision, no daily time record
and she came to the office any time she wanted. The company
never interfered with her work except that from time to time, the
management would ask her opinion on matters relating to her
profession.
Respondents claimed that employer-employee relationship does
not exist.
Issue: WON employer-employee relationship exists between
Angelica Francisco and Kasei Corp.
Held: Yes. The better approach would therefore be to adopt a
two-tiered test involving: (1) the putative employer's power to
control the employee with respect to the means and methods by
which the work is to be accomplished; and (2) the underlying
economic realities of the activity or relationship.
By applying the control test, there is no doubt that petitioner is
an employee of Kasei Corporation because she was under the
direct control and supervision of Seiji Kamura, the corporation's
Technical Consultant. She reported for work regularly and
served in various capacities as Accountant, Liaison Officer,
Technical Consultant, Acting Manager and Corporate Secretary,
with substantially the same job functions, that is, rendering
accounting and tax services to the company and performing
functions necessary and desirable for the proper operation of the
corporation such as securing business permits and other licenses
over an indefinite period of engagement.
Under the broader economic reality test, the petitioner can
likewise be said to be an employee of respondent corporation
because she had served the company for six years before her
dismissal, receiving check vouchers indicating her
salaries/wages, benefits, 13th month pay, bonuses and
allowances, as well as deductions and Social Security
contributions from August 1, 1999 to December 18, 2000. When
petitioner was designated General Manager, respondent
corporation made a report to the SSS signed by Irene
Ballesteros. Petitioner's membership in the SSS as manifested
by a copy of the SSS specimen signature card which was signed
by the President of Kasei Corporation and the inclusion of her
name in the on-line inquiry system of the SSS evinces the
existence of an employer-employee relationship between
petitioner and respondent corporation.
Reyes v Glaucoma - June 17, 2015 (employer-employee
relationship)
Facts: Petitioner Jesus Reyes filed a complaint for illegal
dismissal against the respondents.
Petitioner alleged that on Aug. 1, 2003, he was hired by
respondent as administrator of the latter's Eye Referral Center.
He performed his duties as administrator and continously
reeived his monthly salary of P 20,000.00 until the end of
January 2005.
Page 13 of 24
Labor Standards
Beginning Feb. 2005, respondent withheld petitioner's salary
without notice but he still continued to report for work. He
wrote a letter to respondent Manuel Agulto, who is the
Executive Director of respondent corporation regarding his
salaries since Feb. as well as his 14th month pay for 2004. He
did not received any response from Agulto. Afterwards, he was
informed by the asst. Executive Director that he is no longer the
Administrator of ERC, his office was padlocked and closed, and
he was not allowed by the security guard to enter the premise of
the ERC
PAGUIO V. NLRC
Page 14 of 24
Labor Standards
Petitioners claim that at the start of their employment, it was a
single proprietorship owned and managed by Mr. Vicente Lao,
but was later turned into a corporation (Lao Enteng Co. Inc.)
with Trinidad Ong as President. Upon its incorporation,
petitioners were allowed to continue working with the new
company until respondent Ong informed them that the building
wherein the barber shop was located had been sold and that their
services were no longer needed.
Petitioners filed a complaint for illegal dismissal, illegal
deduction, separation pay, non-payment of 13th month pay, and
salary differentials. Private respondent averred that there was no
employer-employee relationship between them and petitioners.
And assuming that there was, still petitioners are not entitled to
separation pay because the cessation of operations of the barber
shop was due to serious business losses.
Respondent Trinidad Lao Ong stated that Lao Enteng Company,
Inc. did not take over the management of the New Look Barber
Shop, and that petitioners were verbally informed that the
partnership may fold up anytime; that New Look Barber Shop
had always been a joint venture partnership and the operation
and management of the barber shop was left entirely to
petitioners. Trinidad explained that some of the petitioners were
allowed to register with the SSS as employees only as an act of
accommodation. All the SSS contributions were made by
petitioners. Moreover, Corporal, Lacap and Flores were not
among those registered with the Social Security System (SSS).
In a Decision by the Labor Arbiter, dismissal of the complaint
was ordered on the basis that the complainants and the
respondents were engaged in a joint venture and that there
existed no employer-employee relation between them. On
appeal, NLRC affirmed the Labor Arbiter's findings.
Petitioners principally argue that NLRC erred in declaring that
they were independent contractors and that it disregarded
substantial evidence showing they were registered with the SSS
as regular employees.
ISSUE: (1) Whether or NLRC erred in declaring that petitioners
were independent contractors.
(2) Whether or not an employer-employee relationship
existed between petitioners and private respondent Lao Enteng
Company, Inc.
HELD: Yes. The Court held that petitioners are not independent
contractors. An independent contractor is one who undertakes
"job contracting", i.e., a person who (a) carries on an
independent business and undertakes the contract work on his
own account under his own responsibility according to his own
manner and method, free from the control and direction of his
employer or principal in all matters connected with the
performance of the work except as to the results thereof, and (b)
has substantial capital or investment in the form of tools,
equipment, machineries, work premises, and other materials
which are necessary in the conduct of the business.
Petitioners did not carry on an independent business. Neither did
they undertake cutting hair and manicuring nails, on their own
as their responsibility, and in their own manner and method.
More importantly, the petitioners, individually or collectively,
did not have a substantial capital or investment in the form of
tools, equipment, work premises and other materials which are
necessary in the conduct of the business of the respondent
company. Also, petitioners were required to observe rules and
regulations of the respondent company pertaining, among other
things, observance of daily attendance, job performance, and
Page 15 of 24
Labor Standards
On August 15, 2000, Bustamante filed a Complaint for Illegal
Dismissal against Villamaria and his wife Teresita. Bustamante
prayed that judgment be rendered in his favor.
On the other hand, in their Position Paper, the spouses
Villamaria admitted the existence of the Kasunduan, but alleged
that Bustamante failed to pay the P10,000.00 downpayment and
the vehicles annual registration fees. They further alleged that
Bustamante eventually failed to remit the requisite boundaryhulog of P550.00 a day, which prompted them to issue the
Paalaala.
Citing the cases of Cathedral School of Technology v. NLRC
and Canlubang Security Agency Corporation v. NLRC, the
spouses Villamaria argued that Bustamante was not illegally
dismissed since the Kasunduan executed on August 7, 1997
transformed the employer-employee relationship into that of
vendor-vendee. Hence, the spouses concluded, there was no
legal basis to hold them liable for illegal dismissal.
In his Reply, Bustamante claimed that Villamaria exercised
control and supervision over the conduct of his employment. He
maintained that the rulings of the Court in National Labor Union
v. Dinglasan, are germane to the issue as they define the nature
of the owner/operator-driver relationship under the boundary
system.
On March 15, 2002, the Labor Arbiter rendered judgment in
favor of the spouses Villamaria and ordered the complaint
dismissed.
Bustamante appealed the decision to the NLRC but was
dismissed because the NLRC ruled that under the Kasunduan,
the juridical relationship between Bustamante and Villamaria
was that of vendor and vendee, hence, the Labor Arbiter had no
jurisdiction over the complaint.
Bustamante elevated the matter to the CA. He insisted that
despite the Kasunduan, the relationship between him and
Villamaria continued to be that of employer-employee and as
such, the Labor Arbiter had jurisdiction over his complaint.
For his part, Villamaria averred that Bustamante failed to adduce
proof of their employer-employee relationship. He argued that
upon the execution of the Kasunduan, the juridical tie between
him and Bustamante was transformed into a vendor-vendee
relationship.
The CA entered judgment in favor of petitioner and ruled that
the Labor Arbiter had jurisdiction over Bustamantes complaint.
Under the Kasunduan, the relationship between him and
Villamaria was dual: that of vendor-vendee and employeremployee.
Villamaria, now petitioner, seeks relief from this Court alleging
that the CA erred in ruling that the juridical relationship between
him and respondent under the Kasunduan was a combination of
employer-employee and vendor-vendee relationships.
ISSUES: WON the existence of a boundary-hulog agreement
negates the employer-employee relationship between the vendor
and vendee
HELD: NO. The Court affirmed the ruling of the CA that, under
the boundary-hulog scheme incorporated in the Kasunduan, a
dual juridical relationship was created between petitioner and
respondent: that of employer-employee and vendor-vendee. The
Kasunduan did not extinguish the employer-employee
Page 16 of 24
Labor Standards
the relationship of the parties is leasehold which is covered by
the Civil Code rather than the Labor Code
(* SC: the second motion for reconsideration filed by private
respondent is indubitably a prohibited pleading16 which should
have not been entertained at all.)
Issue: WON ER-EE relationship exists between the taxi drivers
and respondent corp. on the "boundary system"
Held: YES. In a number of cases decided by this Court,19 we
ruled that the relationship between jeepney owners/operators on
one hand and jeepney drivers on the other under the boundary
system is that of employer-employee and not of lessor-lessee.
We explained that in the lease of chattels, the lessor loses
complete control over the chattel leased although the lessee
cannot be reckless in the use thereof, otherwise he would be
responsible for the damages to the lessor. In the case of jeepney
owners/operators and jeepney drivers, the former exercise
supervision and control over the latter. The management of the
business is in the owner's hands. The owner as holder of the
certificate of public convenience must see to it that the driver
follows the route prescribed by the franchising authority and the
rules promulgated as regards its operation. Now, the fact that the
drivers do not receive fixed wages but get only that in excess of
the so-called "boundary" they pay to the owner/operator is not
sufficient to withdraw the relationship between them from that
of employer and employee. We have applied by analogy the
abovestated doctrine to the relationships between bus
owner/operator and bus conductor,20 auto-calesa owner/operator
and driver,21 and recently between taxi owners/operators and
taxi drivers.22 Hence, petitioners are undoubtedly employees of
private respondent because as taxi drivers they perform
activities which are usually necessary or desirable in the usual
business or trade of their employer.
Martinez vs NLRC GR. No. 117495
Facts: Raul Martinez was operator of two (2) taxicab units and
private respondents worked for him as drivers. When Raul
Martinez died, he left behind his mother, petitioner Nelly Acta
Martinez, as his sole heir. Months after the death of Raul,
private respondents lodged a complaint against him and the
petitioner before the Labor Arbiter for violation of P. D. 851 and
illegal dismissal. They alleged that for the duration of
employment, not once did they receive a 13th month pay. After
the death of Raul, petitioner took over the management and
operation of the business. Then she informed the respondents
that because of difficulty in maintaining the business, she was
selling the units together with the corresponding
franchises. However, petitioner did not proceed with her plan;
instead, she assigned the units to other drivers.
Issue: (1) Whether or not the respondents are entitled for a
13th month pay
(2) Whether or not there was an employer-employee
relation between the respondents and deceased
Martinez
Held: (1) NO. The claim for 13th month pay pertains to the
personal obligation of Raul Martinez which did not survive his
death. The rule is settled that unless expressly assumed, labor
contracts are not enforceable against the transferee of an
enterprise. In the present case, petitioner does not only disavow
that she continued the operation of the business of her son but
also disputes the existence of labor contracts between her son
and private respondents. The reason for the rule is that labor
contracts are in personam, and that claims for backwages earned
from the former employer cannot be filed against the new
Page 17 of 24
Labor Standards
Identification cards issued, the payslips1 and BIR W-2 (now
2316) Forms which reflect their status as employees, and the
classification as salary of their remuneration, are
incontrovertible proof of the employment status of respondents
Mandatory coverage under the SSS Law2 is premised on the
existence of an employer-employee relationship, except in cases
of compulsory coverage of the self-employed.
Memorandum explicitly stating that respondent is employed in
it and of the subsequent termination letter indicating respondent
Lanzanas employment status.
Finally, under Section 15, Rule X of Book III of the
Implementing Rules of the Labor Code, an employer-employee
relationship exists between the resident physicians and the
training hospitals, unless there is a training agreement between
them, and the training program is duly accredited or approved
by the appropriate government agency. In respondents case, they
were not undergoing any specialization training. They were
considered non-training general practitioners,3assigned at the
emergency rooms and ward sections.
Facts:
GSIS Multi-Purpose Cooperative (GMPC) wanted to operate a
canteen in a new GSIS Building, but had no capability and
expertise in that area. Thus, it engaged the services of the
petitioner S.I.P. Food House (SIP), owned by the spouses
Alejandro and Esther Pablo, as concessionaire. The respondents
Restituto Batolina and nine (9) others (the respondents) worked
as waiters and waitresses in the canteen.
Unfortunately, GMPC terminated SIPs contract as GMPC
concessionaire, because of GMPCs decision to take direct
investment in and management of the GMPC canteen; SIPs
continued refusal to heed GMPCs directives for service
improvement; and the alleged interference of the Pablos two
sons with the operation of the canteen. The termination of the
concession contract caused the termination of the respondents
employment, prompting them to file a complaint for illegal
dismissal, with money claims, against SIP and the spouses
Pablo.
The respondents alleged before the labor arbiter that they were
SIP employees, who were illegally dismissed sometime in
February and March 2004. S.I.P. SIP did not implement Wage
Order Nos. 5 to 11 for the years 1997 to 2004. They did not
receive overtime pay although they worked from 6:30 in the
morning until 5:30 in the afternoon, or other employee benefits
such as service incentive leave, and maternity benefit (for their
co-employee Flordeliza Matias). Their employee contributions
were also not remitted to the Social Security System.
The Labor Arbiter Francisco Robles rendered a decision as he
found out that the respondents were GMPCs employees, and
not SIPs, as there existed only a labor-only contracting
relationship between the two parties. He emphasized that even if
1
2
3
For the monetary claims, we affirm the CAs ruling with regard
to the monetary claims of the respondents. However, on the
collateral issue of the proper computation of the monetary
award, we also find the CA ruling to be in order. Indeed, in the
Page 18 of 24
Labor Standards
absence of evidence that the employees worked for 26 days a
month, no need exists to re-compute the award for the
respondents who were explicitly claiming for their salaries and
benefits for the services rendered from Monday to Friday or 5
days a week or a total of 20 days a month
LETRAN CALAMBA FACULTY V. NLRC (GR NO.
156225)
FACTS: The Letran Calamba Faculty and Employees
Association (Letran Faculty, for brevity) filed a complaint
against Colegio de San Juan de Letran, Calamba, Inc. for
collection of various monetary claims due its members. The
petitioner contended that the latter failed to pay them the
necessary payment given that they worked overtime.
Furthermore, their 13th month fee, as well as the holiday fees,
were not given to them or included in their salary. However, the
Labor Arbiter dismissed the petition of the Letran Faculty.
Hence, they appealed to the NLRC, which then, promulgated a
decision dismissing their appeals. The petitioner, once again,
elevated the issue to the CA but of no avail. Hence, this instant
petition.
ISSUE: Whether or not the Letran Faculty is entitled to receive
additional salary to their regular wage
HELD: No. The Court held that the Letran Faculty failed to
substantiate their contentions regarding the salary differentials.
The rule used by the petitioners as a ground to demand
additional salary, namely, the Rules and Regulations
Implementing Presidential Decree 851 which defines basic
salary to include all remunerations or earnings paid by an
employer to an employee, was not appreciated by the Court
given that is supplementary to the Labor Code if there are
doubts or injustice in implementing the said code. Rather, the
Court uphold that the all-embracing phrase earnings and other
remunerations which are deemed not part of the basic salary
includes within its meaning payments for sick, vacation, or
maternity leaves, premium for works performed on rest days
and special holidays, pay for regular holidays and night
differentials. As such they are deemed not part of the basic
salary and shall not be considered in the computation of the 13thmonth pay. If they were not so excluded, it is hard to find any
earnings and other remunerations expressly excluded in the
computation of the 13th-month pay. This was supported by Art.
87 and 93 of the Labor Code of the Philippine stating that
overtime pay and special holiday fee is an additional
compensation rather than an addition to the regular wage.
Hence, any pay given as compensation for such additional work
should be considered as extra and not deemed as part of the
regular or basic salary.
Therefore, the Letran Facultys contention that it must be added
to their regular salary were denied and dismissed by the Court.
xxxx
Page 19 of 24
Labor Standards
with the Bank of the Philippine Islands. Upon the merging of the
two banks, Cruz automatically became an employee of BPI and
held the position of Assistant Branch Manager of BPI Ayala
Avenue Branch and was charge of the Trading Section.
However, after 13 years of continuous service, Cruz were
terminated on grounds of gross negligence and breach of trust. It
was found out that Cruz approved pre-termination accounts that
turned out to be fraud. The accounts belonged to Uymatiao,
Caluag and Avila, the three complained that their signatures
were forged. On defense of Cruz, she contended that at the time
the alleged fraudulent transactions took place, she was not yet
an Assistant Manager, but only a Cash II Officer of the branch,
still operating under the FEBTC set-up wherein her
responsibility doesnt include approving the accounts but only to
bring out signature card files in the bank. Despite of the
contention of Cruz, she was still terminated, thus, she appealed.
The Labor Arbiter held that the dismissal of petitioner was
illegal, however, the NLRC reversed it and stated that the
complaint of Cruz lacks merit. This was affirmed by the CA
stating that the petitioners task was highly confidential, thus,
she must have exerted extraordinary diligence in performing it.
Hence, this appeal.
ISSUE: Whether or not the evidence submitted by respondent
bank is substantial in character to warrant the dismissal of the
petitioner.
HELD: Yes. The Court affirmed the ruling of NLRC and CA
that petitioners dismissal was for a valid cause. In this case,
respondent avers that petitioner held the position of Assistant
Manager in its Ayala Avenue Branch. However, petitioner
contends that her position was only Cash II Officer. Hence, it is
important to know whether the status of Cruz employment were
managerial or supervisory. Given the responsibility that the
petitioner performs, one of which is to maintain the integrity of
the signature of the card files, the Court believes that the
petitioner holds as managerial status. The Court stated that
petitioner holds a managerial status since she is tasked to act in
the interest of her employer as she exercises independent
judgment when she approves pre-termination of USD CDs or
the withdrawal of deposits. Given that petitioner admitted that
she did not call the depositors to assure their identity but rather
she only performed other procedures gave way to the Court to
rule that the petitioner did not perform extraordinary diligence
in performing her job which resulted to breach of trust of the
depositors to the bank itself. In that regard, petitioner was
remiss in the performance of her duty to approve the pretermination of certificates of deposits by legitimate depositors or
their duly-authorized representatives, resulting in prejudice to
the bank, which reimbursed the monetary loss suffered by the
affected clients. Hence, respondent was justified in dismissing
petitioner on the ground of breach of trust. Therefore, the
petition of Cruz was denied and the decision of CA and NLRC
that the dismissal was valid were affirmed.
SME BANK vs. DE GUZMAN ; G.R. No. 184517 ; October
8, 2013
FACTS: Respondent employees Elicerio Gaspar (Elicerio),
Ricardo Gaspar, Jr.(Ricardo), Eufemia Rosete (Eufemia), Fidel
Espiritu (Fidel), Simeon Espiritu, Jr. (Simeon, Jr.), and Liberato
Mangoba (Liberato) were employees of Small and Medium
Enterprise Bank, Incorporated (SME Bank). Originally, the
principal shareholders and corporate directors of the bank were
Eduardo M. Agustin, Jr. (Agustin) and Peregrin de Guzman, Jr.
(De Guzman).
SME Bank experienced financial difficulties and so, Agustin
and De Guzman sell it to Abelardo Samson (Samson) with the
condition that there be a peaceful turn over of all assets, as well
Page 20 of 24
Labor Standards
Therefore , they did not voluntarily resign from their work;
rather, they were terminated from their employment.
In San Miguel Corporation v. NLRC, 354 Phil. 815 (1998), it
was explained that involuntary retirement is tantamount to
dismissal, as employees can only choose the means and methods
of terminating their employment, but are powerless as to the
status of their employment and have no choice but to leave the
company.
This rule squarely applies to Eufemia's case. Indeed, she could
only choose between resignation and retirement, but was made
to understand that she had no choice but to leave SME Bank.
Thus, we conclude that, similar to her other co-employees, she
was illegally dismissed from employment.
The Samson Group contends that, assuming the employees were
dismissed, the dismissal is legal because cessation of operations
due to serious business losses is one of the authorized causes of
termination under Labor Code. However, as per the Court, the
law permits an employer to dismiss its employees in the event of
closure of the business establishment. However, the employer is
required to serve written notices on the worker and the
Department of Labor at least one month before the intended date
of closure. Moreover, the dismissed employees are entitled to
separation pay, except if the closure was due to serious business
losses or financial reverses. However, to be exempt from
making such payment, the employer must justify the closure by
presenting convincing evidence that it actually suffered serious
financial reverses. In this case, the records do not support the
contention of SME Bank that it intended to close the business
establishment. On the contrary, the intention of the parties to
keep it in operation is evident, and employees and Department
of Labor were given written notices at least one month before
the dismissal took place.
The court held that the right to security of tenure guarantees the
right of employees to continue in their employment absent a just
or authorized cause for termination. This guarantee proscribes a
situation in which the corporation procures the severance of the
employment of its employees who patently still desire to work
for the corporation only because new majority stockholders
and a new management have come into the picture. This
situation is a clear circumvention of the employees
constitutionally guaranteed right to security of tenure, an act that
cannot be countenanced by this Court.
Also, it was held that SME Bank, Eduardo M. Agustin, Jr. and
Peregrin de Guzman, Jr. are liable for illegal dismissal. The
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(2) WON the NLRC has jurisdiction over LRTA on the issue of
the monetary obligations.
HELD: NO. The Court ruled that the LRTA is a governmentowned and controlled corporation with an original charter. All
of the respondents allege that they were employed by Metro.
Thus, there is no real issue as far as the employer-employee
relationship is concerned - the respondents themselves do not
claim to be employed by LRTA. The employees were employed
solely by Metro as Metro and LRTA each maintained their
separate juridical personalities.
LRTA, even after it purchased all the shares of stock of Metro,
maintained and continued to have its separate and juridical
personality.
(2) Yes. The Court ruled that the argument of LRTA that only
the CSC may exercise jurisdiction over it - even for monetary
claims, must necessarily fail.
The NLRC acquired jurisdiction over LRTA not because of the
employer-employee relationship of the respondents and LRTA
(because there is none) but rather because LRTA expressly
assumed the monetary obligations of Metro to its employees. In
the Agreement, LRTA was obligated to reimburse Metro for the
latter's Operating Expenses which included the salaries, wages
and fringe benefits of certain employees of Metro. Moreover,
the Board of Directors of LRTA issued Resolution No. 00-44
where again, LRTA assumed the monetary obligations of Metro
more particularly to update the Metro Inc. Employees
Retirement Fund and to ensure that it fully covers all the
retirement benefits payable to the employees of Metro.
It is clear from the foregoing, and it is also not denied by LRTA,
that it has assumed the monetary obligations of Metro to its
employees. As such, the NLRC may exercise jurisdiction over
LRTA on the issue of the monetary obligations.
South Cotobato Comms. vs. Sto. Tomas
Like the NLRC, the DOLE has the authority to rule on the
existence of an employer-employee relationship between the
parties, considering that the existence of an employer-employee
relationship is a condition sine qua non for the exercise of its
visitorial power. Nevertheless, it must be emphasized that
without an employer-employee relationship, or if one has
already been terminated, the Secretary of Labor is without
jurisdiction to determine if violations of labor standards
provision had in fact been committed,24 and to direct employers
to comply with their alleged violations of labor standards.
Substantial evidence, such as proofs of employment, clear
exercise of control, and the power to dismiss that prove such
relationship and that petitioners committed the labor laws
violations they were adjudged to have committed, are grossly
absent in this case.
Mere allegation, without more, is not evidence and is not
equivalent to proof.29Hence, private respondents' allegations,
essentially self-serving statements as they are and devoid under
the premises of any evidentiary weight, can hardly be taken as
the substantial evidence contemplated for the DOLE'S
conclusion that they are employees of petitioners.
it was incumbent upon private respondents to prove their
allegation that they were, indeed, under petitioners' employ and
that the latter violated their labor rights. A person who alleges a
fact has the onus of proving it and the proof should be clear,
positive and convincing.32 Regrettably, private respondents
failed to discharge this burden. The pronouncement in Bombyo
Radyo that the determination by the DOLE of the existence of
an employer-employee relationship must be respected should
not be construed so as to dispense with the evidentiary
requirement when called for.
The Orders of the Regional Director and the Secretary of
Labor do not contain clear and distinct factual basis
necessary to establish the jurisdiction of the DOLE and to
justify the monetary awards to private respondents
As can be gleaned from the above-quoted Order, the Regional
Director merely noted the discovery of violations of labor
standards provisions in the course of inspection of the DXCP
premises. No such categorical determination was made on the
existence of an employer-employee relationship utilizing any of
the guidelines set forth. In a word, the Regional Director had
presumed, not demonstrated, the existence of the relationship.
Of particular note is the DOLE'S failure to show that petitioners,
thus, exercised control over private respondents' conduct in the
workplace. The power of the employee to control the work of
the employee, or the control test, is considered the most
significant determinant of the existence of an employeremployee relationship.
Valeroso vs Skycable
GR No. 202015
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Labor Standards
their manager, Marlon Pasta, of their intention to file a labor
case with the NLRC. Pasta then informed them that they will be
dropped from the roster of its account executives, which act,
petitioners claimed, constitutes unfair labor practice.
Respondent, on the other hand, claimed that it did not terminate
the services of petitioners for there was never an employeremployee relationship to begin with. They engaged petitioners
as independent contractors under a Sales Agency Agreement and
insisted that it engaged in legitimate job contracting where no
employer-employee relation exists between them.
Issue: Whether or not there was an employer-employee
relationship that would constitute illegal dismissal
Held: NO. The Court ruled that there is an absence of an
employer-employee relationship in this case. To prove the claim
of an employer-employee relationship, the following should be
established by competent evidence: (1) the selection and
engagement of the employee; (2) the payment of wages; (3) the
power of dismissal; and (4) the employer's power to control the
employee with respect to the means and methods by which the
work is to be accomplished. Among the four, the most
determinative factor in ascertaining the existence of employeremployee relationship is the "right of control test." Under this
control test, the person for whom the services are performed
reserves the right to control not only the end to be achieved, but
also the means by which such end is reached.
The documents presented are not competent evidence of
employer-employee relation as these merely certified that
respondent had engaged the services of petitioners without
specifying the true nature of such engagement. Furthermore, the
respondent's act of regularly updating petitioners of new
promos, price listings, meetings and trainings of new account
executives as well as imposing quotas and penalties do not
pertain to the means and methods of how petitioners were to
perform and accomplish their task of soliciting cable
subscriptions. At most, these indicate that respondent regularly
monitors the result of petitioners' work but in no way dictate
upon them the manner in which they should perform their
duties. Absent any intrusion by respondent into the means and
manner of conducting petitioners' tasks, bare assertion that
petitioners' work was supervised and monitored does not suffice
to establish employer-employee relationship.
Century Properties vs. Babiano, G.R. No. 220978; July 5,
2016
Facts: On October 2, 2002, Edwin J. Babiano was hired by
Century Properties, Inc. (CPI) as Director of Sales, and was
eventually appointed as Vice President for Sales effective
September 1, 2007. During the same period, Emma B.
Concepcion was initially hired as Sales Agent by CPI and was
eventually promoted as Project Director on September 1,
2007As such, she signed an employment agreement,
denominated as "Contract of Agency for Project Director
which provided, among others, that she would directly report to
Babiano. On March 31, 2008, Concepcion executed a similar
contract anew with CPI in which she would receive a monthly
subsidy of P50,000.00, 0.5% commission, and cash incentives
as per company policy. Notably, it was stipulated in both
contracts that no employer-employee relationship exists between
Concepcion and CPI.
After receiving reports that Babiano provided a competitor with
information regarding CPFs marketing strategies, spread false
information regarding CPI and its projects, recruited CPI's
personnel to join the competitor, and for being absent without
official leave (AWOL) for five (5) days, CPI sent Babiano a
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Labor Standards
should be stressed that the existence of employer-employee
relations could not be negated by the mere expedient of
repudiating it in a contract. In the case of Insular Life Assurance
Co., Ltd. v. NLRC, it was ruled that one's employment status is
defined and prescribed by law, and not by what the parties say it
should be.
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