CASE: PEDRO CHAVEZ, petitioner,

vs.

NATIONAL LABOR RELATIONS COMMISSION, SUPREME PACKAGING INC., and

ALVIN LEE, respondent

(G.R. 146530 January 17, 2005)

FACTS:The Labor arbiter once affirmed the Petitioner in his claim that he had been illegally
dismissed by respondents Supreme Pacakaging, Inc., and Mr. Alvin Lee. The petitioner then
worked for Supreme Packaging as a truck driver for 10 years. He delivers packaging materials
from the factory in Mariveles, Bataan to various customers in Metro Manila and was receiving
Php 900 per trip. Sometime in 1992, the petitioner expressed to Alvin Lee, the plant manager
his desire to avail himself his benefits of a regular employee like the overtime pay, nightshift
differential pay, and 13th month pay. Although the respondent promised to extent these benefits
to the petitioner, he failed to do so. Petitioner then filed a complaint submitting all the evidence
necessary including the contract of service between the Supreme Packaging Inc., and the
petitioner and found himself allegedly dismissed from work, through this, the petitioner filed a
case for illegal dismissal. Upon filing of the petitioner in court, the respondent insisted that the
petitioner had the sole control over the means and methods by which his work was
accomplished, that he pays for wages of his helpers and exercise control over them, and
asserted that he is not entitled for regularization because he is not even an employer of the
company but instead do his work in a contractual basis. The respondents then were held guilty
of illegal dismissal as the employer- employee relationship was proven. The respondents
appealed to the NLRC to dismiss the complaint of the petitioners for illegal dismissal and re-
iterated that they have no employer- employee relationship with the petitioner that make the
latter not eligible for regularization and the benefits of a regular employees like the.overtime
pay, nightshift differential pay, and 13th month pay.