Jerahmeel U.

Cuevas

LVN Pictures, Ins. Vs. Phil. Musicians Guild

G.R. Nos. L-12582 and 12598 January 28, 1961

Facts:

Philippine Musicians Guild is a duly registered legitimate labor organization. LVN Pictures, Inc.,
Sampaguita Pictures, Inc., and Premiere Productions, Inc. are corporations, duly organized under the Philippine
laws, engaged in the making of motion pictures and in the processing and distribution thereof; that said
companies employ musicians for the purpose of making music recordings for title music, background music,
musical numbers, finale music and other incidental music. Ninety-five (95%) percent of all the musicians
playing for the musical recordings of said companies are members of the Philippine Musicians Guild.

The Guild prayed that it be certified as the sole and exclusive bargaining agency for all musicians
working in the aforementioned companies. In their respective answers, the latter denied that they have any
musicians as employees, and alleged that the musical numbers in the filing of the companies are furnished by
independent contractors.

Issue:

Whether or not the musicians are employees of the companies?

Ruling:

Yes. It is well settled that “an employer-employee relationship exists . . .where the person for whom the
services are performed reserves a right to control not only the end to be achieved but also the means to be used
in reaching such end . . ..”

In other words, to determine whether a person who performs work for another is the latter’s employee
or an independent contractor, the National Labor Relations relies on ‘the right to control’ test. Under this test an
employer-employee relationship exists where the person for whom the services are performed reserves the right
to control not only the end to be achieved, but also the manner and means to be used in reaching the end.

In this case, the work of the musical director and musicians is a functional and integral part of the
enterprise performed at the same studio substantially under the direction and control of the company.

Furthermore, the film companies summon the musicians to work, through the musical directors. The
film companies, through the musical directors, fix the date, the time and the place of work. The film companies,
not the musical directors, provide the transportation to and from the studio. The film companies furnish meal at
dinner time.

The motion picture director (employees of LVN) — not the musical director — “solely directs and
performance of the musicians before the camera “. The motion picture director “supervises the performance of
all the actors, including the musicians who appear in the scenes, so that in the actual performance to be shown in
the screen, the musical director’s intervention has stopped.” Or, as testified to in the lower court, “the movie
director tells the musical director what to do; tells the music to be cut or tells additional music in this part or he
eliminates the entire music he does not (want) or he may want more drums or move violin or piano, as the case
may be”. The movie director “directly controls the activities of the musicians.” He “says he wants more drums
and the drummer plays more” or “if he wants more violin or he does not like that.”
Reaction:

This case talks about one of the more important tests in determining whether one is an employee of
another. This test can help determine what rules are applicable depending on whether a person is considered as
an employee. It can determine the liability of the employer. In this case, the employer does not want to
recognize a group of their employees as their bargaining agency by not recognizing that they are their
employees. However, by applying the control test, said group was recognized as employees. This is one of the
rules that help even the unbalanced scale between the employer and the employee. Further, it is in line with
Constitutional mandate on Social Justice.

I agree with the ruling of the Court in this case. The musicians here only have control on the actual
physical performance of their piece. Almost everything is decided or controlled by the employer through the
musical directors. Under the control test, a person can still be considered the employer even if he does not
consider another who works for him as his employee. The employer cannot disregard the right of its employees
to bargain collectively for their working conditions.