You are on page 1of 1

San Miguel vs Maerc Integrated Services (2003) G.R.

In a decision by the court, it Decision petitioner jointly and severally liable with MAERC for the
payment of separation benefits and wage differential of 291 complainants. Petitioner reiterated
that no employer- employee relationship exists between it and the complainants. And that
MAERC is an independent contractor hence petitioner should not be Decision solidarily liable
with it. It disputes this courts finding that MAERC solely engaged the services of complainants
and exercised control over the complainants conduct; that no intervention or influence could
have been extended by it in the selection or hiring of complainants or the majority of them had
worked to the petitioner before it signed a contract with MAERC.
ISSUE: WON employer- employee relationship exists between the parties.
HELD: Petitioners contention must be rejected. While the continuity of service rendered by the
workers to petitioner by itself does not signify an employer- employee relationship, it was
Decision to be so considering the other circumstances present. More so, since the workers
continued to work for petitioner without break from their former employer and then as
employees of MAERC even before the latter was incorporated. The record adequately supports
the fact that MAERC admitted recruiting workers for petitioner before its incorporation.
Most importantly, petitioner refutes this Courts conclusion that petitioner exercised control over
the workplace. It stresses that checkers assigned to the workplace did not stay there
continuously to merit the conclusion that they maintained constant presence as Decision by the
We disagree. While petitioners checkers may not have stayed the full eight hours in the
workplace because they had to leave for their office to make their reports, their attendance need
not be continuous to be considered constant and therefore an indication of control. We find in
fact that they maintained sufficient presence at the workplace to be able to pinpoint the workers
whose performance was not at par and to report who they are.