Sy vs. SC

VICENTE SY, TRINIDAD PAULINO, 6B'S TRUCKING CORPORATION, and only in 1994 and only then did Sahot
1994 and only then did Sahot become an employee of the

SBT 1 TRUCKING CORPORATION, petitioners, vs. HON. COURT OF company.
APPEALS, and JAIME SAHOT, respondents  Petitioners further claimed that sometime prior to June, Sahot went
on leave and was not able to report for work for almost seven days.
FACTS: Sahot asked permission to extend his leave of absence until end of
 Sometime in 1958, private respondent Jaime Sahot started working June. It appeared that from the expiration of his leave, private
as a truck helper for petitioners' family-owned trucking business respondent never reported back to work nor did he file an extension
named Vicente Sy Trucking. In 1965, he became a truck driver of the of his leave. Instead, he filed the complaint for illegal dismissal
same family business, renamed T. Paulino Trucking Service, later against the trucking company and its owners.
6B's Trucking Corporation in 1985, and thereafter known as SBT  Petitioners adds that due to Sahot’s refusal to work after the
Trucking Corporation since 1994. Throughout all these changes in expiration of his authorized leave of absence, he should be deemed
names and for 36 years, private respondent continuously served the to have voluntarily resigned from his work. They contended that
trucking business of petitioners. Sahot had all the time to extend his leave or at least inform
 In April 1994, Sahot was already 59 years old. He had been incurring petitioners of his health condition
absences as he was suffering from various ailments. Particularly  NLRC through Labor Arbiter Santos ruled that there was no illegal
causing him pain was his left thigh, which greatly affected the dismissal; that Sahot had failed to report to work; that petitioners and
performance of his task as a driver. He inquired about his medical Sahot were industrial partners before January 1994; and ordered
and retirement benefits with the Social Security System (SSS) on petitioners to pay "financial assistance" of P15,000 to Sahot for
April 25, 1994, but discovered that his premium payments had not having served the company as a regular employee since January
been remitted by his employer. 1994 only.
 Sahot had filed a week-long leave sometime in May 1994. On May  On appeal, NLRC modified the judgment of the LA and ruled that
27th, he was medically examined and treated for EOR, presleyopia, Sahot was an employee, not an industrial partner, since the start; that
hypertensive retinopathy G II, HPM, UTI, Osteoarthritis, and heart Sahot did not abandon his job but his employment was terminated on
enlargement (Annex G, p. 107). 8 On said grounds, Belen Paulino of account of his illness; and ordered petitioners to pay private
the SBT Trucking Service management told him to file a formal respondent separation pay in the amount of P60,320.00, at the rate of
request for extension of his leave. At the end of his week-long P2,080.00 per year for 29 years of service.
absence, Sahot applied for extension of his leave for the whole month  Petitioners assailed the decision of the NLRC before the Court of
of June, 1994. It was at this time when petitioners allegedly Appeals. The appellate court affirmed with modification the judgment
threatened to terminate his employment should he refuse to go back of the NLRC. It held that private respondent was indeed an employee
to work. of petitioners since 1958. It also increased the amount of separation
 At this point, Sahot found himself in a dilemma. He was facing pay awarded to private respondent to P74,880, computed at the rate
dismissal if he refused to work. But he could not retire on pension of P2,080 per year for 36 years of service from 1958 to 1994.
because petitioners never paid his correct SSS premiums. The fact
remained he could no longer work as his left thigh hurt abominably. ISSUE:
Petitioners ended his dilemma. They carried out their threat and  Whether or not an employer-employee relationship existed between
dismissed him from work, effective June 30, 1994. He ended up sick, petitioners and respondent Sahot.
jobless and penniless.
 Sahot filed with the NLRC a complaint for illegal. He prayed for the RULING:
recovery of separation pay and attorney’s fees against the petitioners.  Article 1767 of the Civil Code states that in a contract of partnership
 Petitioners admitted having trucking business in the 1950s but denied two or more persons bind themselves to contribute money, property
employing helpers and drivers; that private respondent was not or industry to a common fund, with the intention of dividing the profits
illegally dismissed as a driver because he was in fact petitioner’s among themselves. Not one of these circumstances is present in this
industrial partner; that SBT Trucking Corporation was established case. No written agreement exists to prove the partnership between
the parties. Private respondent did not contribute money, property or
industry for the purpose of engaging in the supposed business. There
is no proof that he was receiving a share in the profits as a matter of
course, during the period when the trucking business was under
operation. Neither is there any proof that he had actively participated
in the management, administration and adoption of policies of the
business. Thus, the NLRC and the CA did not err in reversing the
finding of the Labor Arbiter that private respondent was an industrial
partner from 1958 to 1994
 On this point, we affirm the findings of the appellate court and the
NLRC. Private respondent Jaime Sahot was not an industrial partner
but an employee of petitioners from 1958 to 1994. The existence of
an employer-employee relationship is ultimately a question of fact
and the findings thereon by the NLRC, as affirmed by the Court of
Appeals, deserve not only respect but finality when supported by
substantial evidence. Substantial evidence is such amount of relevant
evidence which a reasonable mind might accept as adequate to
justify a conclusion.
 Time and again this Court has said that "if doubt exists between the
evidence presented by the employer and the employee, the scales of
justice must be tilted in favor of the latter." Here, we entertain no
doubt. Private respondent since the beginning was an employee of,
not an industrial partner in, the trucking business.

Sy vs. SC

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VICENTE SY, TRINIDAD PAULINO, 6B'S TRUCKING CORPORATION, and only in 1994 and only then did Sahot

1994 and only then did Sahot become an employee of the

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