NAME: Michelle C.

Llaneta-Villamora YEAR/COURSE/SECTION: JD-2A

Case No. 27.

Felicilda v. Uy, G.R. No. 221241, Sept. 14, 2016

ISSUE: Is an employer-employee relationship between petitioner and respondent does not

existed to justify petitioner’s dismissal.

ARGUMENT OF THE PETITIONER (Felicilda): He was a regular employee of the

respondent, which the latter hired as a truck driver for his trucking service under the
business name of “Gold Pillars Trucking” (GPT). Further, his dismissal was without just
cause and denied him of due process.

ARGUMENT OF THE RESPONDENT (Uy): No employer-employee relationship existed

between him and the petitioner. He contended that, the petitioner was being paid on a
per trip or commission basis, and was not required to report regularly; can offer his
services to other companies at any time he wants; and not under his control with respect
to the means and methods the petitioner exercised in the performance of his duty as
truck driver.

SC RULING: No. There has been an employer-employee relationship existed.

RATIO: The four-fold test in determining the existence of employer-employee relationship are
present in the instant case. The respondent personally hired the petitioner to be a truck
driver for his business GPT, petitioner receives compensation although on a per trip or
commission basis, it is still within the bounds of the definition of “wages” under Art.
97(f) of the Labor Code, and does not negate employment relationship. The respondent’s
power to dismiss him is inherent upon selection and engagement of the services of the
petitioner as truck driver. Lastly, the respondent exercised control over the petitioner’s
means and methods by which the latter performs his duties and functions as a truck
driver, through assignment of trucks which are used in the delivery of cargoes to the
respondent’s clients and upon determination of the schedule and the route by the herein
respondent. Such, are clear indicators of an employer-employee relationship, and the
power of control does not necessarily mean that the employer actually supervise the
performance of duties of the employees. It is sufficient that the employer has a right to
exercise that power.

INSTRUCTION LEARNED: The existence of employer-employee relationship must conform

to the four-fold test to wit: the selection and engagement of the employee, the payment
of wages, the power of dismissal, and the power to control the employee’s conduct or
the “control test”. Employers must prove non-existence of those to justify dismissal of
their workers without just cause and non-compliance with due process.