DIAMOND FARMS, INC.

vs SOUTHERN PHILIPPINES FEDERATION OF

LABOR
FACTS:
DFI owns an 800 ha banana plantation in Alejal, Carmen,
Davao.
RA 6657 or the Comprehensive Agrarian Reform Law
(CARL) of 1988 requires the DFI farm, which is
commercial in nature, to submit to compulsary
acquisition and distribution
DAR granted DFI deferment priviege to continue agricultural
operations until 1998
Due to marketing problems and lay-follow, DFI closed
some areas of operation and layed-off its employees
Layed off employees petitioned DAR to cancel deferment
privilege, DAR granted.
DFI gave up rights and interest in favor of the
government by way of Voluntary Offer to Sell; DAR
accepted offer.
DAR approved 689.88 out of the 800 ha, remaining land
retained by DFI
Jan 1, 1996 > Awarded plantation was turned over to
qualified agrarian reform beneficiaries (ARBs) under the
CARL. ARBs were farmers in original plantation.
ARBs organized themselves into DARBMUPCO
March 26, 1996 > DARBMUPCO and DFI entered in to a Banana
Production and Purchase Agreement (BPAA)
Agreed to grow and cultivate high grade quality,
exportable banana sold exclusively to DFI.
BPPA effective for 10 years
April 20, 1996 > DARBMUPCO and DFI executed a
Supplemental Memorandum Agreement (SMA)
DFI shall take care of the labor costs arising from
packaging operation, cable maintenance, irrigation
pump and irrigation maintenance that the workers of
DARBMUPCO shall conduct for DFI's account under BPPA
DARBMUPCO did not have manpower to undertake
agricultural operation under BPPA because some members
were unwilling to work
To help DARBMUPCO, DFI engaged the services of contractors
who recruited workers
February 10, 1997 > Southern Philippines Federation of
Labor (SPFL) filed a petition for CERTIFICATION ELECTION in
the Office of the Med-Arbiter in Davao City, on behalf of the
400 workers jointly employed by DFI and DARBMUPCO
Certification election is a method by which laborers can
freely determine their union that shall act as their
representative in dealing with their employers
DFI and DARBMUPCO denied that the workers were under
their employ, but of the contractors
MED-ARBITER RULING [May 14, 1997]
Approved petition for certification election
Declared DARBMUPCO as employer because workers
 were purposely hired to service the 689.88 ha owned
by DARBMUPCO
DARBMUPCO appealed to the Secretary of Labor and
Employment (SOLE)
SOLE declared DFI as the employer because it, through
its manager and personnel, supervised and directed the
performance of workers
SOLE denied DFI's MR
DFI elevated the case to CA
June 20, 1997 > SPFL and more than 300 workers filed
complaints with the NLRC against DFI, DARBMUPCO and
contractors for underpayment of wages, non-payment of 13 th
month pay and service incentive leaves (SILs)
DARBMUPCO asserted that they were not the employers,
neither was DFI
LABOR ARBITER RULING
Respondent-contractors were labor-only contractors
LA gave credence to affidavits of other contractors that
DFI supervised and paid their workers and had no
dealings with DARBMUPCO
Deemed DFI as the statutory employer
NLRC RULING
Declared DFI and DARBMUPCO as statutory employers
and held solidarily liable with contractors for the
monetary claims of workers
CA RULING
Agreed with SOLE that DFI is the principal employer
The fact that workers were working on the land owned by
DARBMUPCO is immaterial
ISSUE:
Who among DFI, DARBMUPCO and respondent-contractors is
the employer of the respondent-workers?

SC RULING
Basing on the provisions of Article 106 of the Labor Code
and as expressed by the respondent-contractor in his
testimony, they were only engaged in labor-only
contracting and had no control over the performance of the
employees.
OMNIBUS RULES IMPLEMENTING THE LABOR CODE
distinguishes job contracting from labor-only contracting.
It is job contracting when:
a) The contractor:
Carries on an independent business
undertakes the contract work on his own account under
his own manner and method
free from control and direction of the employer or
principal in all manners connected with the
performance of the work except the result thereof
b) The contractor has substantial capital or investment in

the form of tools,

equipment, machineries, work premises, and other
materials which are necessary in the conduct of his business
It is labor-only contracting when:
a) There is no substantial capital or investment
b) Workers recruited are performing duties which are

directly related to the

principal business or operations of the employer in which
workers are habitually employed

DFI is the principal employer

Even though DARBMUPCO stipulated in the BPPA that
DFI is not the employer of respondent-workers is not
controlling.
ER-EE relationship is determined by law, not by
agreements.
DFI and respondent-contractors are solidariliy liable for the
rightful claims of respondent-workers