12 Samonte v. La Salle Greenhills, Inc

8/28/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 783
G.R. No. 199683. February 10, 2016.*

ARLENE T. SAMONTE, VLADIMIR P. SAMONTE, MA.
AUREA S. ELEPAÑO, petitioners, vs. LA SALLE GREENHILLS,
INC., and BRO. BERNARD S. OCA, respondents.
Labor Law; Regular Employees; Regular employees are of two (2)

kinds, namely: (1) those “engaged to perform activities which are usually
necessary or desirable in the usual business or trade of the employer”; and
(2) casual employees who have “rendered at least one (1) year of service,
whether such service is continuous or broken.”—Article 280 of the Labor
Code classifies employees into regular, project, seasonal, and casual: 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 service 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
_______________
* THIRD DIVISION.

658
658 SUPREME COURT REPORTS ANNOTATED

Samonte vs. La Salle Greenhills, Inc.
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 provision classifies regular
employees into two kinds (1) those “engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the
employer”; and (2) casual employees who have “rendered at least one year
of service, whether such service is continuous or broken.”
Same; Fixed-Term Employment; A fixed-term employment is allowable
under the Labor Code only if the term was voluntarily and knowingly
www.central.com.ph/sfsreader/session/0000016cd3df2516e66a4263003600fb002c009e/t/?o=False 1/16
entered into by the parties who must have dealt with each other on equal
terms not one exercising moral dominance over the other.—A fixed-term
employment is allowable under the Labor Code only if the term was
voluntarily and knowingly entered into by the parties who must have dealt
with each other on equal terms not one exercising moral dominance over the
other.
Same; Same; Fixed-Term Contracts; Words and Phrases; A fixed-term
contract is an employment contract, the repeated renewals of which make
for a regular employment.—A fixed-term contract is an employment
contract, the repeated renewals of which make for a regular employment. In
Fuji Television Network, Inc. v. Espiritu, 744 SCRA 31 (2014), we noted
that Fuji’s argument that Espiritu was an independent contractor under a
fixed-term contract is contradictory where employees under fixed-term
contracts cannot be independent contractors because in fixed-term contracts,
an employer-employee relationship exists. Significantly, we ruled therein
that Espiritu’s contract indicating a fixed term did not automatically mean
that she could never be a regular employee which is precisely what Article
280 of the Labor Code sought to avoid. The repeated renewal of Espiritu’s
contract coupled with the nature of work performed pointed to the regular
nature of her employment despite contrary claims of Fuji and the
nomenclature of the contract. Citing Dumpit-Murillo v. Court of Appeals,
524 SCRA 290 (2007) and Philips Semiconductors (Phils.), Inc. v.
Fadriquela, 427 SCRA 408 (2004), we declared in Fuji that the repeated
engagement under contract of hire is indicative of the necessity and
desirability of the [employee’s] work in respondent’s business and where
employee’s contract has been continuously extended or renewed to the same
position, with the

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VOL. 783, FEBRUARY 10, 2016 659

same duties and remained in the employ without any interruption, then
such employee is a regular employee.
Same; Control Test; Time and again, we have held that the power of
control refers to the existence of the power and not necessarily to the actual
exercise thereof, nor is it essential for the employer to actually supervise the
performance of duties of the employee.—Time and again, we have held that
the power of control refers to the existence of the power and not necessarily
to the actual exercise thereof, nor is it essential for the employer to actually
supervise the performance of duties of the employee. It is enough that the
employer has the right to wield that power.
PETITION for review on certiorari of a decision of the Court of

Appeals.
The facts are stated in the opinion of the Court.
Chenaide P. Aceret for petitioners.
Laguesma, Magsalin, Consulta & Gastardo for respondents.
PEREZ, J.:

As each and all of the various and varied classes of employees in
the gamut of the labor force, from nonprofessionals to professionals,
are afforded full protection of law and security of tenure as
enshrined in the Constitution, the entitlement is determined on the
basis of the nature of the work, qualifications of the employee, and
other relevant circumstances.
Assailed in this petition for review on certiorari is the Decision1
of the Court of Appeals in C.A.-G.R. S.P. No. 110391 affirming the
Decision of the National Labor Relations Commission (NLRC) in
NLRC CA No. 044835-052 finding that
_______________
1 Penned by Associate Justice Rosalinda Asuncion-Vicente, with Associate

Justices Romeo F. Barza and Edward D. Sorongon, concurring, Rollo, pp. 57-69.
2 Id., at pp. 104-109.

660

petitioners Arlene T. Samonte, Vladimir P. Samonte and Ma.

Aurea S. Elepaño were fixed-term employees of respondent La Salle
Greenhills, Inc. (LSGI). The NLRC (First Division) ruling is a
modification of the ruling of the Labor Arbiter that petitioners were
independent contractors of respondent LSGI.3
The facts are not in dispute.
From 1989, and for fifteen (15) years thereafter, LSGI contracted
the services of medical professionals, specifically pediatricians,
dentists and a physician, to comprise its Health Service Team (HST).
Petitioners, along with other members of the HST signed uniform
one-page Contracts of Retainer for the period of a specific academic
calendar beginning in June of a certain year (1989 and the
succeeding 15 years) and terminating in March of the following year
when the school year ends. The Contracts of Retainer succinctly
read, to wit:
CONTRACT OF RETAINER

Name of Retainer _________________________
Address __________________________________
Community Tax Cert. No.__________________
Issued at ______________ on ______________________
Taxpayer Identification No. (TIN) ___________
Department Assigned to _____ HRD-CENTRO Operation
____
Project/Undertaking (Description and Duration)
________________ Health Services ______________
Job Task (Description and Duration)
School [physician] from June 1, [x x x] to March 31, [x x x]
Rate ________________
Conditions:
1. This retainer is only temporary in character and, as
above specified, shall be solely and exclusively limited to the
project/undertaking and/or to the job/task assigned to the
retainer within the said project/undertaking;
_______________
3 Id., at pp. 244-258.

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2. This retainer shall, without need of any notice to the

retainer, automatically cease on the aforespecified expiration
date/s of the said project/undertaking and/or the said job/task;
provided, that this retainer shall likewise be deemed terminated
if the said project/undertaking and/or job/task shall be
completed on a date/s prior to their aforespecified expiration
date/s;
3. The foregoing notwithstanding, at any time prior to said
expiration or completion date/s, La Salle Greenhills, Inc. may
upon prior written notice to the retainer, terminate this contract
should the retainer fail in any way to perform his assigned
job/task to the satisfaction of La Salle Greenhills, Inc. or for
any other just cause.

HERMAN G. ROCHESTER ______________________
Head Administrator Retainer
BELEN T. MASILUNGAN ______________________
Personnel Officer Date Signed

Signed in the Presence of:

DANTE M. FERRER BRO. BERNARD S.
OCA
FRD Head Administrator President4

After fifteen consecutive years of renewal each academic year,
where the last Contract of Retainer was for the school year of 2003-
2004 i.e., June 1, 2003 to March 31, 2004, LSGI Head
Administrator, Herman Rochester, on that last day of the school
year, informed the Medical Service Team, including herein
petitioners, that their contracts will no longer be renewed for the
following school year by reason of LSGI’s decision to hire two (2)
full-time doctors and dentists. One of the physicians from the same
Health Service Team was hired by LSGI as a full-time doctor.
When petitioners’, along with their medical colleagues’, requests
for payment of their separation pay were denied, they
_______________
4 CA Rollo, pp. 234-240.

662

filed a complaint for illegal dismissal with prayer for separation

pay, damages and attorney’s fees before the NLRC. They included
the President of LSGI, Bro. Bernard S. Oca, as respondent.
In their Position Paper, petitioners alleged that they were regular
employees who could only be dismissed for just and authorized
causes, who, up to the time of their termination, regularly received
the following amounts:
1. Monthly salary for the ten-month period of a given school
year:
2. Annual 13th Month Pay equivalent to their one-month
salary;
3. Automatic yearly increase to their monthly salary, the rate of
which is discretionary to LSGI’s Executive Administrator based on a
comparative rate to the across the board increase of the regular
school employees which increase was subsequently reflected in their
[HST’S] monthly salaries for the following school year;
4. Since 1996, as a result of the HST’s request for a
performance bonus, the team was likewise evaluated for a year-end
performance rating by HRD-CENTRO Head Administrator, the
Assistant Principal, the Health Services Team Leader and the
designated Physician’s Coordinator, complainant Jennifer Ramirez.

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To further bolster their claim of regular employment,

complainants pointed out the following in their Position Paper:
In the course of their employment, each of the
complainants served an average of nine hours a week. But
beyond their duty hours, they were on call for any medical
exigencies of the La Sallian community. Furthermore, over the
years, additional tasks were assigned to the complainants and
were required to suffer the following services/activities:
a) To attend staff meetings and to participate in the
formulation/adoption of policies and programs designed to
enhance the School services to its constituents and to upgrade
the School’s standards. Complainants’ involvement in Staff
Meetings of the Health Services Unit of respondent school
was a regular activity associated with personnel who are
regular employees of an institution;
b) To participate in various gatherings and activities
sponsored by the respondent school such as the Kabihasnan
(the biannual school fair), symposiums, seminars, orientation
programs, workshops, lectures, etc., including purely political
activities such as the NAMFREL quick count, of which the
respondent school is a staunch supporter;
c) Participation of the complainants in Medical/Dental
Missions in the name of respondent school;
d) Formulation of the Health Services Unit Manual;
e) Participation in the collation of evaluation of services
rendered by the Health Services Unit, as required for the
continuing PAASCU (Philippine Association of Accredited
Schools Colleges & Universities) accreditation of the School;
f) Participation in the yearly evaluation of complainants,
which is a function of regular employees in the HRD-
CENTRO Operations, of the HRD-CENTRO Head
Administrator;

664

g) Designation of certain complainants, particularly Dr.

Jennifer A. Ramirez, as member of panel of investigation to
inquire into an alleged misdemeanor of a regular employee of
respondent school; and
h) Regular inspection of the canteen concessionaire and
the toilet facilities of the school premises to insure its high
standards of sanitation.
Complainants were likewise included among so-called
members of the “LA SALLIAN FAMILY: Builder of a
Culture of Peace,” under the heading “Health Services Team”
of the La Salle Green Hills High School Student Handbook
2003-2004. Such public presentation of the complainants as
members of the “LA SALLIAN FAMILY” leaves no doubt
about the intent of respondent school to project complainants
as part of its professional staff.5

On the other hand, in their Position Paper,6 LSGI denied that
complainants were regular employees, asserting that complainants
were independent contractors who were retained by LSGI by reason
of their medical skills and expertise to provide ancillary medical and
dental services to both its students and faculty, consistent with the
following circumstances:
1. Complainants were professional physicians and dentists on
retainer basis, paid on monthly retainer fees, not regular salaries;
2. LSGI had no power to impose disciplinary measures upon
complainants including dismissal from employment;
3. LSGI had no power of control over how complainants
actually performed their professional services.
In the main, LSGI invoked the case of Sonza v. ABS-CBN
Broadcasting Corporation7 to justify its stance that complain-
_______________
5 Id., at pp. 195-209.

6 Id., at pp. 210-229.
7 G.R. No. 138051, June 10, 2004, 431 SCRA 583.

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ants were independent contractors and not regular employees

citing, thus:

SONZA contends that ABS-CBN exercised control over
the means and methods of his work.
SONZA’s argument is misplaced. ABS-CBN engaged
SONZA’s services specifically to cohost the “Mel & Jay”
programs. ABS-CBN did not assign any other work to
SONZA. To perform his work, SONZA only needed his skills
and talent. How SONZA delivered his lines, appeared on
television, and sounded on radio were outside ABS-CBN’s
control. SONZA did not have to render 8 hours of work per
day. The Agreement required SONZA to attend only
rehearsals and tapings of the shows, as well as pre- and post-
production staff meetings. ABS-CBN could not dictate the
contents of SONZA’s script. However, the Agreement
prohibited SONZA from criticising in his shows ABS-CBN or
its interests. The clear implication is that SONZA had a free
hand on what to say or discuss in his shows provided he did
not attack ABS-CBN or its interests.

As previously adverted, the Labor Arbiter dismissed petitioners’
(and their colleagues’) complaint and ruled that complainants, as
propounded by LSGI, were independent contractors under
retainership contracts and never became regular employees of LSGI.
The Labor Arbiter based its overall finding of the absence of control
by LSGI over complainants on the following points:
1. The professional services provided by complainants,
including herein petitioners, cannot be considered as necessary to
LSGI’s business of providing primary and secondary education to its
students.
2. The payslips of complainants are not salaries but
professional fees less taxes withheld for the medical services they
provided;
3. Issuance of identification cards to, and the requirement to log
the time-in and time-out of, complainants are not indi-

666

cia of LSGI’s power of control over them but were only imposed
for security reasons and in compliance with the agreed clinic
schedules of complainants at LSGI premises.
4. In contrast to regular employees of LSGI, complainants: (a)
were not required to attend or participate in school-sponsored
activities and (b) did not enjoy benefits such as educational subsidy
for their dependents.
5. On this score alone, complainants’ respective clinic schedule
at LSGI for two (2) to three (3) days a week for three (3) hours a
day, for a maximum of nine (9) hours a week, was not
commensurate to the required number of hours work rendered by a
regular employee in a given week of at least 40 hours a week or 8
hours a day for five (5) days. In addition, the appointed clinic
schedule was based on the preference of complainants.
Curiously, despite the finding that complainants were
independent contractors and not regular employees, the Labor
Arbiter, on the ground of compassionate social justice, awarded
complainants separation pay at the rate of one-half month salary for
every year of service.
Separately, both parties, complainants, including herein
petitioners, and respondents appealed to the NLRC.
At the outset, the NLRC disagreed with the Labor Arbiter’s
ruling that complainants were independent contractors based on the
latter’s opinion that the services rendered by complainants are not
considered necessary to LSGI’s operation as an educational
institution. The NLRC noted that Presidential Decree No. 856,
otherwise known as the Sanitation Code of the Philippines, requires
that private educational institutions comply with the sanitary laws.
Nonetheless, the NLRC found that complainants were fixed-period
employees whose terms of employment were subject to agreement
for a specific duration. In all, the NLRC ruled that the Contracts of
Retainer between complainants and LSGI are valid fixed-term
employment contracts where complainants as medical profes-

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VOL. 783, FEBRUARY 10, 2016 667

sionals understood the terms thereof when they agreed to such

continuously for more than ten (10) years. Consequently, the valid
termination of their retainership contracts at the end of the period
stated therein, did not entitle complainants to reinstatement, nor, to
payment of separation pay.
At this point, only herein petitioners, filed a petition for
certiorari under Rule 65 of the Rules of Court before the Court of
Appeals alleging that grave abuse of discretion attended the ruling of
the NLRC that they were not regular employees and thus not entitled
to the twin remedies of reinstatement to work with payment of full
backwages or separation pay with backwages.
In dismissing the petition for certiorari, the appellate court ruled
that the NLRC did not commit an error of jurisdiction which is
correctible by a writ of certiorari. The Court of Appeals found that
the NLRC’s ruling was based on the Contracts of Retainer signed by
petitioners who, as professionals, supposedly ought to have known
the import of the contracts they voluntarily signed, i.e., (a)
temporary in character; (b) automatically ceasing on the specified
expiration date; or (c) likewise deemed terminated if job/task shall
be completed on a date prior to specified expiration date.
The Court of Appeals ruled against petitioners’ claim of regular
employment, thus:

Moreover, this Court is not persuaded by petitioners’
averments that they are regular employees simply because
they received benefits such as overtime pay, allowances,
Christmas bonuses and the like; or because they were
subjected to administrative rules such as those that regulate
their time and hours of work, or subjected to LSGI’s
disciplinary rules and regulations; or simply because they
were treated as part of LSGI’s professional staff. It must be
emphasized that LSGI, being the employer, has the inherent
right to regulate all aspects of employment of every employee
whether regular, probationary, contractual or fixed-term.
Besides, petitioners

668

were hired for specific tasks and under fixed terms and conditions
and it is LSGI’s prerogative to monitor their performance to see if
they are doing their tasks according to the terms and conditions of
their contract and to give them incentives for good performance.8

Hence, this petition for review on certiorari raising the following
issues for resolution of the Court:

I. WHETHER OR NOT THE COURT OF APPEALS
ERRED IN RULING THAT PETITIONERS WERE FIXED-
PERIOD EMPLOYEES AND NOT REGULAR
EMPLOYEES OF LSGI.
II. WHETHER OR NOT THE COURT OF APPEALS
ERRED IN NOT HAVING RULED THAT PETITIONERS
WERE ILLEGALLY DISMISSED FROM WORK.
III. WHETHER OR NOT THE COURT OF APPEALS
ERRED IN NOT HAVING RULED THAT PETITIONERS
ARE ENTITLED TO REINSTATEMENT, BACKWAGES
AND OTHER MONETARY BENEFITS PROVIDED BY
LAW, MORAL AND EXEMPLARY DAMAGES, AS WELL
AS ATTORNEY’S FEES.
IV. WHETHER OR NOT THE COURT OF APPEALS
ERRED IN NOT HAVING RULED THAT RESPONDENTS
ARE SOLIDARILY LIABLE AS THEY ACTED IN BAD
FAITH AND WITH MALICE IN DEALING WITH THE
PETITIONERS.9
The pivotal issue for resolution is whether the Court of Appeals

correctly ruled that the NLRC did not commit grave abuse of
discretion in ruling that petitioners were not regular employees who
may only be dismissed for just and authorized causes.
_______________
8 Rollo, p. 66.
9 Id., at p. 21.

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Our inquiry and disposition will delve into the kind of

employment relationship between the parties, such employment
relationship having been as much as admitted by LSGI and then
ruled upon categorically by the NLRC and the appellate court which
both held that petitioners were fixed-term employees and not
independent contractors.
Article 280 of the Labor Code classifies employees into regular,
project, seasonal, and casual:

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 service 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 provision classifies regular employees into two kinds (1)
those “engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer”; and (2)
casual employees who have “rendered at least one year of service,
whether such service is continuous or broken.”

670

The NLRC correctly identified the existence of an employer-

employee relationship between petitioners and LSGI and not a
bilateral independent contractor relationship. On more than one
occasion, we recognized certain workers to be independent
contractors: individuals with unique skills and talents that set them
apart from ordinary employees.10 We found them to be independent
contractors because of these unique skills and talents and the lack of
control over the means and methods in the performance of their
work. In some instances, doctors and other medical professional
may fall into this independent contractor category, legitimately
providing medical professional services. However, as has been
declared by the NLRC and the appellate court, petitioners herein are
not independent contractors.
We need to examine next the ruling of the NLRC and the Court
of Appeals that petitioners were fixed-term employees.
To factually support such conclusion, the NLRC solely relied on
the case of Brent School, Inc. v. Zamora11 and perfunctorily noted
that petitioners, professional doctors and dentists, continuously
signed the contracts for more than ten (10) years. Such was heedless
of our prescription that the ruling in Brent be strictly construed,
applying only to cases where it appears that the employer and
employee are on equal footing. Observably, nowhere in the two and
half page ratiocination of the NLRC was there reference to the
standard that “it [should] satisfactorily appear that the employer and
employee dealt with each other on more or less equal terms with no
moral dominance whatever being exercised by the former on the
latter.”
_______________
10 Orozco v. Fifth Division of the Court of Appeals, 584 Phil. 35; 562 SCRA 36
(2008); Semblante v. Court of Appeals, 19th Division, 671 Phil. 213; 655 SCRA 444
(2011); Bernarte v. Philippine Basketball Association, 673 Phil. 384; 657 SCRA 745
(2011); Sonza v. Court of Appeals, supra note 7.
11 260 Phil. 747; 181 SCRA 702 (1990).

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From Brent, which remains as the exception rather than the rule
in the determination of the nature of employment, we are schooled
that there are employment contracts where a “fixed term is an
essential and natural appurtenance” such as overseas employment
contracts and officers in educational institutions. We learned thus:

[T]he decisive determinant in the term employment
contract should not be the activities that the employee is called
upon to perform, but the day certain agreed upon by the
parties for the commencement and termination of their
employment relationship, a day certain being understood to be
that which must necessarily come, although it may not be
known when.
x x x
Accordingly, and since the entire purpose behind the
development of legislation culminating in the present Article
280 of the Labor Code clearly appears to have been, as
already observed, to prevent circumvention of the employee’s
right to be secure in his tenure, the clause in said article
indiscriminately and completely ruling out all written or oral
agreements conflicting with the concept of regular
employment as defined therein should be construed to refer to
the substantive evil that the Code itself has singled out:
agreements entered into precisely to circumvent security of
tenure. It should have no application to instances where a
fixed period of employment was agreed upon knowingly and
voluntarily by the parties, without any force, duress or
improper pressure being brought to bear upon the employee
and absent any other circumstances vitiating his consent, or
where it satisfactorily appears that the employer and employee
dealt with each other on more or less equal terms with no
moral dominance whatever being exercised by the former over
the latter.

Tersely put, a fixed-term employment is allowable under the
Labor Code only if the term was voluntarily and knowingly entered
into by the parties who must have dealt with

672

each other on equal terms not one exercising moral dominance

over the other.
Indeed, Price, et al. v. Innodata Corp., teaches us, from the
wording of Article 280 of the Labor Code, that the nomenclature of
contracts, especially employment contracts, does not define the
employment status of a person: Such is defined and prescribed by
law find not by what the parties say it should be. Equally important
to consider is that a contract of employment is impressed with public
interest such that labor contracts must yield to the common good.
Thus, provisions of applicable statutes are deemed written into the
contract, and the parties are not at liberty to insulate themselves and
their relationships from the impact of labor laws and regulations by
simply contracting with each other.
Further, a fixed-term contract is an employment contract, the
repeated renewals of which make for a regular employment. In Fuji
Television Network, Inc. v. Espiritu,12 we noted that Fuji’s argument
that Espiritu was an independent contractor under a fixed-term
contract is contradictory where employees under fixed-term
contracts cannot be independent contractors because in fixed-term
contracts, an employer-employee relationship exists. Significantly,
we ruled therein that Espiritu’s contract indicating a fixed term did
not automatically mean that she could never be a regular employee
which is precisely what Article 280 of the Labor Code sought to
avoid. The repeated renewal of Espiritu’s contract coupled with the
nature of work performed pointed to the regular nature of her
employment despite contrary claims of Fuji and the nomenclature of
the contract. Citing Dumpit-Murillo v. Court of Appeals13 and
Philips Semiconductors (Phils.), Inc. v. Fadriquela,14 we declared in
Fuji that the repeated engagement under contract of hire is indicative
of the necessity and desirability of the [employee’s] work in
respondent’s business
_______________
12 G.R. Nos. 204944-45, December 3, 2014, 744 SCRA 31.

13 551 Phil. 725; 524 SCRA 290 (2007).
14 471 Phil. 355; 427 SCRA 408 (2004).

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and where employee’s contract has been continuously extended

or renewed to the same position, with the same duties and remained
in the employ without any interruption, then such employee is a
regular employee.
In the case at bar, the Court of Appeals disregarded the repeated
renewals of the Contracts of Retainer of petitioners spanning a
decade and a half. The Court of Appeals ruled that petitioners never
became regular employees:

[T]his Court is not persuaded by petitioners’ averments
that they are regular employees simply because they received
benefits such as overtime pay, allowances, Christmas bonuses
and the like; or because they were subjected to administrative
rules such as those that regulate their time and hours of work,
or subjected to LSGI’s disciplinary rules and regulations; or
simply because they were treated as part of LSGI’s
professional staff. It must be emphasized that LSGI, as the
employer, has the inherent right to regulate all aspects of
employment of every employee whether regular, probationary,
contractual or fixed-term. Besides, petitioners were hired for
specific tasks and under fixed terms and conditions and it is
LSGI’s prerogative to monitor their performance to see if they
are doing their tasks according to the terms and conditions of
their contract and to give them incentives for good
performance.15

We completely disagree with the Court of Appeals.
The uniform one-page Contracts of Retainer signed by petitioners
were prepared by LSGI alone. Petitioners, medical professionals as
they were, were still not on equal footing with LSGI as they
obviously did not want to lose their jobs that they had stayed in for
fifteen (15) years. There is no specificity in the contracts regarding
terms and conditions of employment that would indicate that
petitioners and LSGI were on equal footing in negotiating it.
Notably, without specifying what are the tasks assigned to
petitioners, LSGI
_______________
15 Rollo, p. 66.

674

“may upon prior written notice to the retainer, terminate [the]

contract should the retainer fail in any way to perform his assigned
job/task to the satisfaction of La Salle Greenhills, Inc. or for any
other just cause.”16
While vague in its sparseness, the Contract of Retainer very
clearly spelled out that LSGI had the power of control over
petitioners.
Time and again, we have held that the power of control refers to
the existence of the power and not necessarily to the actual exercise
thereof, nor is it essential for the employer to actually supervise the
performance of duties of the employee.17 It is enough that the
employer has the right to wield that power.
In all, given the following: (1) repeated renewal of petitioners’
contract for fifteen years, interrupted only by the close of the school
year; (2) the necessity of the work performed by petitioners as
school physicians and dentists; and (3) the existence of LSGI’s
power of control over the means and method pursued by petitioners
in the performance of their job, we rule that petitioners attained
regular employment, entitled to security of tenure who could only be
dismissed for just and authorized causes. Consequently, petitioners
were illegally dismissed and are entitled to the twin remedies of
payment of separation pay and full backwages. We order separation
pay in lieu of reinstatement given the time that has lapsed, twelve
years, in the litigation of this case.
We clarify, however, that our ruling herein is only confined to the
three (3) petitioners who had filed this appeal by certiorari under
Rule 45 of the Rules of Court, and prior thereto, the petition for
certiorari under Rule 65 thereof before the Court of Appeals. The
Decision of the NLRC covering other complainants in NLRC CA
No. 044835-05 has already become final and executory as to them.
_______________
16 Id., at p. 65.
17 Corporal, Sr. v. National Labor Relations Commission, 395 Phil. 980; 341
SCRA 658 (2000).

675
VOL. 783, FEBRUARY 10, 2016 675

Not being trier of facts, we remand this case to the NLRC for the
determination of separation pay and full backwages from the time
petitioners were precluded from returning to work the school year
2004 and compensation for work performed in that period.
WHEREFORE, the petition is GRANTED. The Decision of the
Court of Appeals in C.A.-G.R. S.P. No. 110391 is REVERSED and
SET ASIDE. The Decisions of the NLRC in NLRC CA No.
044835-05 and NLRC Case No. 00-0607081-04 are ANNULLED
AND SET ASIDE. The Complaint of petitioners Arlene T.
Samonte, Vladimir P. Samonte, and Ma. Carmen Aurea S. Elepaño
against La Salle Greenhills, Inc. for illegal dismissal is GRANTED.
We REMAND this case to the NLRC for the computation of the
three (3) petitioners’ separation pay and full backwages.
No pronouncement as to costs.
SO ORDERED.
Velasco, Jr. (Chairperson), Peralta, Reyes and Jardeleza, JJ.,

concur.
Petition granted, judgment reversed and set aside.
Notes.—Fixed-term employment contracts are not limited, as

they are under the present Labor Code, to those by nature seasonal
or for specific projects with predetermined dates of completion; they
also include those to which the parties by free choice have assigned
a specific date of termination. (Fonterra Brands Phils., Inc. vs.
Largado, 753 SCRA 649 [2015])
An employee is said to be under a fixed-term employment when
he is hired under a contract which specifies that the employment will
last only for a definite period. (OKS DesignTech, Inc. vs. Caccam,
765 SCRA 433 [2015])

——o0o——
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8/28/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 783

G.R. No. 199683. February 10, 2016.*

Labor Law; Regular Employees; Regular employees are of two (2)

658 SUPREME COURT REPORTS ANNOTATED

VOL. 783, FEBRUARY 10, 2016 659

PETITION for review on certiorari of a decision of the Court of

1 Penned by Associate Justice Rosalinda Asuncion-Vicente, with Associate

660 SUPREME COURT REPORTS ANNOTATED

petitioners Arlene T. Samonte, Vladimir P. Samonte and Ma.

3 Id., at pp. 244-258.

VOL. 783, FEBRUARY 10, 2016 661

2. This retainer shall, without need of any notice to the

4 CA Rollo, pp. 234-240.

662 SUPREME COURT REPORTS ANNOTATED

ﬁled a complaint for illegal dismissal with prayer for separation

VOL. 783, FEBRUARY 10, 2016 663

To further bolster their claim of regular employment,

664 SUPREME COURT REPORTS ANNOTATED

g) Designation of certain complainants, particularly Dr.

5 Id., at pp. 195-209.

VOL. 783, FEBRUARY 10, 2016 665

ants were independent contractors and not regular employees

666 SUPREME COURT REPORTS ANNOTATED

VOL. 783, FEBRUARY 10, 2016 667

sionals understood the terms thereof when they agreed to such

668 SUPREME COURT REPORTS ANNOTATED

The pivotal issue for resolution is whether the Court of Appeals

VOL. 783, FEBRUARY 10, 2016 669

Our inquiry and disposition will delve into the kind of

670 SUPREME COURT REPORTS ANNOTATED

The NLRC correctly identiﬁed the existence of an employer-

VOL. 783, FEBRUARY 10, 2016 671

672 SUPREME COURT REPORTS ANNOTATED

each other on equal terms not one exercising moral dominance

12 G.R. Nos. 204944-45, December 3, 2014, 744 SCRA 31.

VOL. 783, FEBRUARY 10, 2016 673

and where employee’s contract has been continuously extended

674 SUPREME COURT REPORTS ANNOTATED

“may upon prior written notice to the retainer, terminate [the]

VOL. 783, FEBRUARY 10, 2016 675

Velasco, Jr. (Chairperson), Peralta, Reyes and Jardeleza, JJ.,

Petition granted, judgment reversed and set aside.

Notes.—Fixed-term employment contracts are not limited, as

© Copyright 2019 Central Book Supply, Inc. All rights reserved.

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