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Cases On Employer-Employee Relationship and Jurisdiction

This document outlines various tests used to determine if an employer-employee relationship exists, including the traditional four-fold test, two-tiered test, and economic dependency test. It also examines several court cases that apply these tests to different occupations such as radio talent, insurance agents, referees, and scholars to determine if they should be considered employees or independent contractors. The document concludes by discussing the jurisdiction of labor cases.

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Kyle Dionisio
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81 views3 pages

Cases On Employer-Employee Relationship and Jurisdiction

This document outlines various tests used to determine if an employer-employee relationship exists, including the traditional four-fold test, two-tiered test, and economic dependency test. It also examines several court cases that apply these tests to different occupations such as radio talent, insurance agents, referees, and scholars to determine if they should be considered employees or independent contractors. The document concludes by discussing the jurisdiction of labor cases.

Uploaded by

Kyle Dionisio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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CASES

I. Tests of employer-employee relationship

1. Traditional Four-Fold Test


2. Two-Tiered Test
3. Economic Dependency Test

A. Analysis of the jurisprudential doctrines:

1. Existence of employer-employee relationship cannot be repudiated in the


employment contract

Century Properties, Inc. v. Babiano, G.R. No. 220978, July 05, 2016

2. Distinguishing radio and television talent as independent contractor from a news


caster and co-anchor as an employee

Sonza v. ABS-CBN Broadcasting Corp., G. R. No. 138051, June 10, 2004

Thelma-Dumpit Murillo v. Court of Appeals, G. R. No. 164252, June 8, 2007

Comparison of Murillo case from Sonza case

Fuji Television Network Inc. v. Espiritu, G. R. No. 204944-45, December 3, 2014

Radio and television talent as independent contractor

Sonza v. ABS-CBN Broadcasting Corp., G. R. No. 138051, June 10, 2004

Newspaper columnist

Orozco v. Court of Appeals, G. R. No. 155207, August 13, 2008

Masiador and sentenciador in cockfight gambling

Semblante v. Court of Appeals, G. R. No. 196426, August 15, 2011

Basketball referee

Bernate v. Philippine Basketball Association, G. R. No. 192084, September


14, 2011

3. Insurance agents

Relationship transformed to employer-employer relations


Great Pacific Life Assurance Corporation v. NLRC, Ruiz, G.R. No. 80750-51 July
23, 1990
Carungcung v. NLRC, Sun Life Assurance Co. of Canada, G.R. No. 118086.
December 15, 1997
Insular Life Assurance Co., Ltd. v. NLRC, De Los Reyes, G.R. No. 119930 March
12, 1998

Distinguished the 1989 Insular Life case from the 1989 Insular Life

Insurance agent as independent contractor and not an employee

Insular Life Assurance Co., Ltd. v. NLRC, Basiao, G.R. No. 84484 November 15,
1989
AFP Mutual Benefit Association, Inc. v. National Labor Relations Commission,
G.R. No. 102199, January 28, 1997

Tongko v. The Manufacturers Life Insurance Company, De Dios, G.R. No.


167622, June 29, 2010

Comparing the Labor Code concept of "control" with the "control" that must
necessarily exist in a principal-agent relationship

Tongko v. The Manufacturers Life Insurance Company, De Dios, G.R. No.


167622, June 29, 2010

Distinguishing Carungcong, the Grepalife, and the 1998 Insular Life cases with
Tongko case

4. Not every form of control may established employer employee relationship

Insular Life Assurance Co., Ltd. v. NLRC, Basiao, G.R. No. 84484 November 15,
1989
AFP Mutual Benefit Association, Inc. v. National Labor Relations Commission,
G.R. No. 102199, January 28, 1997
Sonza v. ABS-CBN Broadcasting Corp., G. R. No. 138051, June 10, 2004
Orozco v. Court of Appeals, G. R. No. 155207, August 13, 2008
Royal Homes Marketing Corporation v. Alcantara, G. R. No. 195190, July 28,
2014
Consulta v. Court of Appeals, G.R. No. 145443. March 18, 2005

5. Application of the Two-Tiered Test

Francisco v. NLRC, G.R. No. 170087 August 31, 2006


6. Economic dependency test

Sevilla v. Court of Appeals, G.R. Nos. L-41182-3, April 15, 1988


Orozco v. Court of Appeals, G. R. No. 155207, August 13, 2008

7. Employer-employee relationship in job contracting v. labor-only contracting

Vigilia v. Philippine College of Criminology, Inc. G. R. No. 200094, June 10, 2013

Independent contracting under D.O. 174-17 (D.O. 18-A) v. independent


contractor recognized by jurisprudence

Fuji Television Network Inc. v. Espiritu, G. R. No. 204944-45, December 3,


2014

8. Kind of relationship in boundary system arrangement

Villarama v. Court of Appeals, GR NO. 165881, Apr 19, 2006

9. Working scholar

Section 14, Rule X Book III, IRR

Filamer Christian Institute v. Court of Appeals, G.R. No. 75112 October 16, 1990

Jurisdiction

Milan v. Solid Mills Inc., G.R. No. 202961, February 04, 2015
Coca cola Bottlers Phils Inc. v. Iloilo Coca-cola Plant Employees Labor Union G. R. No.
195297, December 5, 2018
Portillo v. Rudolf Leitz Inc., G.R. No. 196539 : October 10, 2012
Indophil Textile Mills, Inc. v. Adviento, G.R. No. 171212, August 4, 2014
Domondon v. NLRC, G.R. No. 154376, September 30, 2005

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