Peoples Broadcasting vs.

The Secretary of the

Department of Labor and Employment, et al.
G. R. No. 179652, March 6, 2012
FACTS:
1. Jandeleon Juezan, Respondent filed with the Department of Labor and Employment
(DOLE) a complaint against Bombo Radyo Philippines, Inc. for illegal deduction,
illegal diminution of benefits, delayed payment of wages, and non-coverage of: SSS;
PAG-IBIG; and Phil-health and non-payment of: service incentive leave; 13th month
pay; premium pay for holiday and rest day.
2. The DOLE Regional Director held that Juezan was an employee of Bombo Radyo
and was entitled to money claims.
3. Bombo Radyo appealed the decision, but the DOLE dismissed the same.
4. When Bombo Radyo appealed with the Court of Appeals (CA), the CA affirmed such
dismissal.
5. When the appeal reached the Supreme Court (SC), the decision of the CA was
reversed and set aside. SC found that there was no employer-employee relationship
between Bombo Radyo and Juezan, it also held that DOLE doesnt have jurisdiction
to determine the existence of an employer-employee relationship, this function is not
co-extensive with the visitorial and enforcement power provided in Art. 128(b) of the
Labor Code, as amended by RA 7730. National Labor Relations Commission
(NLRC) was held to be the primary agency in determining the existence of an
employer-employee relationship.
6. Public Attorneys Office (PAO) filed a Motion for Clarification of Decision (with Leave
of Court). PAO sought to clarify as to when the visitorial and enforcement power of
the DOLE can be considered as co-extensive with the power to determine the
existence of an employer-employee relationship.
7. SC treated the Motion for the Clarification as second motion for reconsideration,
granting said motion and reinstating the petition.
ISSUE:
1. Whether or not the Department of Labor and Employment has the power to
determine the existence of employer-employee relationship in its exercise of
visitorial and enforcement power.
HELD:
1. The Decision of the SC is hereby affirmed with modification.
2. SC affirmed its decision that there were no employer-employee relationship, based
on SCs review and the evidence.
3. No limitation in the law was placed upon the power of the DOLE to determine the
existence of an employer-employee relationship. No procedure was laid down where
the DOLE would only make a preliminary finding, that the power was primarily held
by the NLRC. The determination of the existence of an employer-employee
relationship by the DOLE must be respected.