JOSE GARCIA RON, PLAINTIFF AND APPELLEE, VS.

LA
COMPAÑIA DE MINAS DE BATAN, DEFENDANT AND
APPELLANT.

G.R. No. 4597, November 23, 1908

FACTS:

An action brought by the plaintiff in order to recover the sum of P 9,

558, 1/3 Spanish pesetas for services rendered. Found by the trial judge and
which evidence of records showed that the plaintiff was employed as
foreman by one Genero Ansuategui, local manager of certain mines of the
defendant company located on the Island of Bataan. During the period of
November 1, 1903 until August 4, 1904 was the span of this employment.
Additional findings showed that while the plaintiff failed to establish
satisfactorily his claim that the salary promised him by the company’s
manager was P 1,000 pesetas for month. Nevertheless, he will be entitled to
receive per day a compensation which is fixed to P 5 or P 150 per month.
The record disclosing the information of employment of the plaintiff as
foreman and received compensation at that said rate, a short time prior to his
employment under his contract with Ansuategui.

The said services by the plaintiff had never been received alleged by
the defendant company, and was also denied the fact of the employment. But
still the evidence of records fully establishes the fact that the services were
rendered under a contract of employment between the plaintiff and one
Ansuategui. Counsel of the company insists, that plaintiff did in fact work in
the mines of the defendant company and was employed by its local manager.
Nevertheless, the defendant company is not indebted to the plaintiff for these
services as it was not authorized to enter into the alleged contract of
employment.

ISSUES:

Whether or not the local manager is connected with the defendant

company and is authorized to make such contract of employment and
discharge engaging the plaintiff.

DECISION:

YES. Provisions of the letter expressly authorized Ansuategui, as the

local manager under the defendant company to discharge employees who
did not prove satisfactory which gives no doubt that he is fully authorized to
represent the company at the mines so far as this was necessary for their
proper local management.

Even though that the only communication of the local manager to the
defendant company is through mail few times per month, still there is a
representation made by the local manager because this setting of
communication between them only aid the fact that the location was two
days’ distance from Manila where the company is located.

The plaintiff appealed nothing from the judgment of the trial court
denying him the alleged contract value of the services rendered. Evidence of
records showed sustaining the findings adequately.