1

Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT
National Capital Region
DOLE-NCR Building, 967 Maligaya Street, Malate Manila

IN RE: JOINT ASSESSMENT

CONDUCTED AT 4 TH
DIMENSION
MULTI PURPOSE COOPERATIVE

CASE NO. NCROO-MPFO-1605-JA-236-17-790 SOT

4TH DIMENSION MULTI-PURPOSE COOP.

#27-B Benitez Street, Brgy Horseshoe Village,
Cubao, Quezon City
RESPONDENT,

DNL INDUSTRIES
65 Industria St., Quezon City

GETZ BROS. INC.

2ND Floor Ortigas Bldg., Ortigas Pasig City

22 BC FASHIONS
96 P. Ocampo St., Malate Manila

AVENETTO PIZZERIA & RESTAURANTE

23 Visayas Ave., Brgy Vasra, Quezon City

GOURMET & WINE EXPERTS (TERRY SELECTION, INC.)

Bldg 14 La Fuerza plaza, 2241 Pasong Tamo Ave., Makati City

OMNIMODA INTERNATIONAL INC.

96 P. Ocampo St., Malate Manila

BENBY ENTERPRISE, INC.

287 Banawe St., Manresa Village, Quezon City

SKYCABLE CORPORATION
409 P. Guevarra St., San Juan Metro Manila

CAFE FRANCE CORPORATION

5TH Floor PPI Bldg., 1000-1040 U.N. Ave. Cor. San Marcelino St.,
Manila
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BONCHON CHICKEN (SCOTTLAND INC.)

Penthouse, The Spa Bldg. 80 E Rod, Jr. Ave,
Libis, Quezon City
PRINCIPALS.
x----------------------------------- x

POSITION PAPER/COMMENT
Respondent 4th DIMENSION MULTI-PURPOSE
COOPERATIVE (“4 Dimension”), by undersigned, unto this
th

Honorable Office, most respectfully alleges the following:

PREFATORY STATEMENT

This pertains to the Joint Assessment, which as per Notice of

Results, were made on December 01 and 03, 2016 at Antel Building,
Valero St., Makati City. The assessment was conducted by a certain
LLCO Sittie Aleiyah Isnirah L. Tago, who came up with the following
observations:

The PRINCIPAL provides training to AGENCY deployed workers;

The PRINCIPAL pre-screens AGENCY workers;

The PRINCIPAL provides work schedule to AGENCY workers;

The PRINCIPAL monitors the attendance of AGENCY workers;

The PRINCIPAL provides work assignments to AGENCY

workers;

The PRINCIPAL provides tools, machineries and equipment

used in work for use of AGENCY deployed workers in
accomplishing tasks that are directly related to its main
business;

The PRINCIPAL checks quality/output of work of AGENCY

workers;

The AGENCY employees are required to follow with

PRINCIPAL’s policies, rules and regulations;

The PRINCIPAL gives direction/instruction/supervision to

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AGENCY workers;

The PRINCIPAL imposes disciplinary action against erring

workers of CONTRACTOR

The PRINCIPAL determines termination of AGENCY employees;

The presence of principal’s supervisor .

The “PRINCIPAL” referred to in the foregoing are the various

establishments/clients where the employees of 4 TH Dimension were
assigned/deployed and the “AGENCY”” is 4TH Dimension.

4TH Dimension and the PRINCIPALS were then directed to file

position paper/comment on the Notice of Results which may
constitute possible violation of Department Order No. 18-A, series of
2011.

4th Dimension was organized in accordance with the

Cooperative Code of the Philippines, and is registered with the
Cooperative Development Authority (CDA). It is authorized by law to
engage in the business of providing various manpower services to
individuals, corporations, partnerships and other entities.

A copy of 4th Dimension’s Certificate of Registration duly issued

by the CDA is attached as Annex “1.”

4TH Dimension is a legitimate independent contractor and

satisfies all the requirements under the law, providing entities and
companies various work services that it and its members can offer
and render. Pursuant thereto, the Department of Labor and
Employment (DOLE) issued a Certificate of Registration in favor of 4 th
Dimension stating that the latter has “complied with the requirements
as provided for under the Labor Code, as amended, and its
Implementing Rules.” The implementing rules referred to therein is
Department Order No. 18-A, Series of 2011 entitled Rules
Implementing Articles 106 to 109 of the Labor Code, as amended.

The copy of the said Certificate of Registration is attached as

Annex “2”.

4th Dimension was issued a Certificate of Compliance on

General Labor Standards by the Department of Labor and
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Employment on December 28, 2016, copy of which is attached as

Annex “3”. It was likewise issued a Business Permit by the Office of
the Mayor, a copy attached as Annex “4”.

4th Dimension possesses substantial capital or investment to

actually perform the job, work or services on its own account and
responsibility. A proof of this is the Bank Certificate issued by RCBC,
a copy attached as Annex “5”.

Among the clients of 4th Dimension are the PRINCIPALS in this

case. It entered into a Service Agreement with them, copies of which
are attached as Annexes “6” to “_____”.

Pursuant to the said Service Contract, 4 th Dimension assigned

its members/employees to the PRINCIPALS. Said members/
employees have signed a Membership Agreement with 4th Dimension
as well as employment contracts, copies of which are respectively
attached as Annexes “7” to “____”.

The aforesaid members/employees are regular employees of

4th Dimension which pays for their salaries, wages and/or benefits
provided for by law. This can be substantiated by their remittance
with the Social Security System, Philhealth and Pag Ibig, copies of
which are attached as Annexes “8” to “_____”.

An Account Supervisor per PRINCIPAL supervises and monitors

the members/employees who were assigned/deployed to the
PRINCIPALS. The Account Supervisor imposes disciplinary actions
against erring members/employees based on 4th Dimension’s Code of
Conduct and Discipline, issues memos and back to work orders,
facilitates hiring process, conducts orientations and trainings,
monitors attendance, gives directions in all matters connected with
the performance of assigned tasks except as to the results thereof.

The affidavits of the Account Supervisors detailing their work as

such, including the Memos, Incident Reports, back to work order,
endorsement to clients, Code Of Conduct, time sheets, attendance
and work schedules monitoring, general assemblies and training
attendance, are respectively attached as Annexes “9” to “_____”.

Each Account Supervisor is assisted by a Team Leader in the

monitoring and supervising the members/employees. Copies of the
appointment of the Team Leader and their affidavits are respectively
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attached as Annexes “10” to “_____”.

Finally attached as Annexes “11” to “____” are the affidavits

of the members/employees showing and proving that they are being
personally supervised by the Account Supervisor and/or the Team
Leader designated by 4th Dimension.

ISSUE

The lone issue here is: WHETHER THERE IS A

VIOLATION OF DEPARTMENT ORDER No. 18-
A, Series of 2011.

DISCUSSIONS

There is NO violation of
Department Order No. 18-A
------------------------------------------------------

4th Dimension is a legitimate independent contractor.

Section 3, paragraphs (d) & (e) of Department Order No. 18-A,

series of 2011, provides that:

“(d) “Contractor” refers to any

person or entity, including a
cooperative, engaged in a legitimate
contracting or subcontracting
arrangement providing .either services,
skilled workers, temporary workers, or a
combination of services to a principal
under a Service Agreement.

“(e) “Contractor’s employee”

includes one employed by a contractor
to perform or complete a job, work, or
service pursuant to a Service Agreement
with a principal.”

xxx
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“(j) “Service Agreement” refers

to the contract between the principal
and contractor containing the terms and
conditions governing the performance or
completion of a specific job, work or
service being farmed out for a definite
or predetermined period.”

As shown by the attached licenses (Annexes “1” to “4”),

4 Dimension is a duly registered and licensed Multi-Purpose
th

Cooperative that engages in the business of providing various

services to prospective clients by entering into a Service Agreement
with them. 4th Dimension started operating in May 30, 2003
continuously up to the present.

Currently, the clients of 4 th DIMENSION numbered

about 28. Its total workforce is close to 3,500
members/employees.

Section (l) of Department Order No. 18-A, series of 2011,

further provides that:

(l) “Substantial capital” refers

to paid-up capital stocks/share of at
least Three Million Pesos
(P3,000,000.00) in the case of
corporation, partnerships and
cooperatives; in the case of single
proprietorship, a net worth of at least
Three Million Pesos (P3,000,000.00):

The bank statement of 4th Dimension will show that it has a

very substantial capital that can carry out the job, work or services
sought to be undertaken under the Service Contract. Currently, 4 th
Dimension, which is registered under Department Order 18-A, series
of 2011, maintains Five Million Pesos (P5,000,000.00) capitalization,
already complying with the capitalization requirement provided under
Department Order 174.

On the observation that the PRINCIPAL provides training to

AGENCY deployed workers--
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In the notice given to the clients (Annex “9”), a

member/employee undergoes training and orientation conducted by
4th Dimension before assignment to a client. Subsequent trainings
and orientation were also conducted at the clients’ premises with the
assistance and/or through the Team Leader who is a
member/employee of 4th Dimension (Annex “11”).

The training as observed in the Notice of Results is purely for

the familiarization of the assigned members/employees to the work
environment of the PRINCIPALS. This is an established industry
practice. To stress, 4TH Dimension provides its members/employees
with the required technical training.

The personnel supplied by 4th DIMENSION are, reliable,

skilled, professionally-trained and carefully selected not only in
terms of work performance but also in terms of academic
qualifications, ethics and general attitude. They possess adequate
NBI/Police clearances and medical/health certificates.

Nonetheless, as matter of industry practice and due courtesy,

the PRINCIPALS reserve the right to reject or accept the personnel
supplied to them.

On the observation that the PRINCIPAL pre-screens AGENCY

workers--

The hiring and employment of the members/employees

assigned to clients are exclusively done by 4th Dimension. This is
shown in the employment contract, member’s profile duly filled up
and signed upon submission of the requirements and the
endorsement form submitted to the client as proof that the
employee/member has passed and undergone the hiring process
conducted by 4th Dimension (Annexes “7”, “9” and “11”).

The Service Agreement (Annex “6”) similarly provides that 4 th

Dimension is obligated and responsible for the screening, selection
and engagement of the members/employees.

But as earlier stated, as matter of industry practice and due

courtesy, the PRINCIPALS reserve the right to reject or accept the
personnel supplied to them.
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On the observation that The PRINCIPAL provides work

schedule to AGENCY workers--

In the Service Agreement and the report on work schedules

(Annexes “6” and “9”), work schedules are provided by and
monitored by the Account Supervisor. The Account Supervisor is
responsible in preparing the manning schedule of the operations as
part of the monitoring of the performance of the assigned
member/employee.

On matters pertaining to routine or day to day tasks under the

service contract, 4th Dimension’s Account Supervisor may receive
written instruction and communication from the PRINCIPALS. The
Account Supervisor is simply in close coordination with the assigned
employee of the PRINCIPALS to carry out the objectives in the
service agreement.

On the observation that The PRINCIPAL monitors the

attendance of AGENCY workers--

The Service Agreement duly signed and agreed upon by the

Principal and 4th Dimension (Annex “6”), states that the Account
Supervisor shall be responsible for the monitoring of attendance of
the members/employees in the workplace. The Account Supervisor
monitors the attendance through the DTR’s he collected and the time
sheets he prepared (Annex “9”). The affidavit duly executed by the
members/employees will substantiate that it is 4th Dimension,
through its Account Supervisor or through its Team Leader that
monitors their attendance (Annex “11”). When a member/employee
incurred absences, a Back to work order (Annex “9”) is issued by 4 th
Dimension.

The Account Supervisor determines whether the

members//employees are committing gross negligence, indifference,
disobedience, arbitrary conduct, or any act detrimental to their job or
in their daily routine.

4TH Dimension, thru the Account Supervisor and/or Team

Leader, maintains efficient and effective discipline over its
members/employees assigned to every PRINCIPAL and will ensure
that they report promptly and are ready to render the services during
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workdays and observe regular office hours including such days/or

work on holidays and Sundays, when their services are required by
the PRINCIPALS.

The Account Supervisor then reports to 4th Dimension and such

report will be the basis for the payment of the salaries, wages and
benefits of the members/employees, including the imposition of any
disciplinary action, if necessary. Personnel may then be recalled,
transferred, terminated or re-assigned or re-deployed to other
clients. Definitely, 4TH Dimension has the ultimate say on said
concerns.

On the observation that The PRINCIPAL provides work

assignments to AGENCY workers--

For every client, 4th Dimension has an Account Supervisor,

plus a team leader, who administers the performance of
the workers, including their specific work assignment, monitors
their attendance, gives instruction to the workers and
ensures that they perform their job. Under the Service Agreement,
(Annex “6”), 4th Dimension shall be solely responsible for the
assignment of its members/employees, the Account Supervisor is
responsible to monitor the performance of the employees of their
assigned duties in accordance with the specified criteria and
standards set by the client and 4 th Dimension, this is substantiated by
the work schedules submitted and prepared by the Account
Supervisor (Annex “9”).

On the observation that The PRINCIPAL provides tools,

machineries and equipment used in work for use of AGENCY
deployed workers in accomplishing tasks that are directly
related to its main business--

The PRINCIPALS are engage in specialized businesses or

industries that require unique and specific tools and equipment. They
are tools or equipment not generally known or easily ascertainable by
others by which the business or industry can obtain an economic
advantage over its competitors. To prevent possible exposure of its
trade secrets and to protect its business or industry, the PRINCIPALS
and 4th Dimension agreed that the former will provide the right and
suitable tools and equipment.
The PRINCIPALS additionally prefer that equipment for their
particular business or industry, such as kitchen tools/appliances,
(i.e., plates, utensils, apparatus and similar implements) will belong
to them. This is the preference of the PRINCIPALS. They simply wish
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to be practical and ensure that the kitchen tools and equipment are
suitable to their standards. For other tools, appliances and
equipment, 4TH Dimension supplies them.

4th Dimension is more than financially capable and has sufficient

assets to carry on its legitimate business as an independent
contractor (Annex “5”).

On the observation that The PRINCIPAL checks

quality/output of work of AGENCY workers--

While the members/employees of 4 th Dimension perform their

tasks at a designated working area assigned by the PRINCIPAL, they
are under the control and supervision of the Account Supervisor who
is assisted by a Team Leader; they direct the member/employees in
all matters connected in the performance of the work except as to
the results thereof.

Again, on matters pertaining to routine or day to day tasks

under the Service Contract, the Account Supervisor may receive
written instruction and communication from the clients. The Account
Supervisor of 4TH Dimension is simply in close coordination with the
assigned employees to carry out the objectives in the service
agreement. 4TH Dimension has complete control and supervision over
the employees supplied to the clients.

Essentially, the obligation of the clients of 4 th

Dimension is to pay the agreed contractual consideration
and is only interested in the faithful performance of the
agreed objectives in the Service Contract.

On the observation that The AGENCY employees are required

to follow the PRINCIPAL’s policies, rules and regulations--

The Service Agreement (Annex “6”) provides that 4 th Dimension

shall orient its members/employees of the Client’s Policies, Code of
Conduct and Rules and Regulations which are expected to be
observed while in the workplace. 4 th Dimension shall ensure and is
obligated by the Service Agreement that before assignment to the
workplace, its members/employees are familiar with the said policies
and Rules and Regulations. It is the Code of Conduct of 4 th Dimension
duly signed by the members/employees, that is being followed and
the basis of imposing disciplinary actions against erring
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members/employees (Annex “9”).

Clearly, 4th Dimension has its own rules and regulations being
implemented to its members/employees, proof of this are the
memos, Incident reports. The only purpose of the orientation of the
members/employees of the policies and rules and regulations of the
PRINCIPAL is for familiarization of the said rules and of the
workplace.

On the observation that The PRINCIPAL gives

direction/instruction/supervision to AGENCY workers--

It is only on matters pertaining to routine or day to day tasks

under the Service Contract where the Account Supervisor may
receive written instruction and communication from the clients. The
Account Supervisor of 4TH Dimension is simply in close coordination
with the assigned employees to carry out the objectives in the service
agreement. 4TH Dimension has complete control and supervision over
the employees supplied to the clients.

As discussed frequently, the supervision, monitoring and

control of the members/employees is made by the Account
Supervisor of 4th Dimension with the assistance of the Team Leader
(Annexes “9” “10” and “11”)

On the observation that The PRINCIPAL imposes disciplinary

action against erring workers of CONTRACTOR--

It is an industry practice that the PRINCIPALS may request or

recommend the imposition of disciplinary action against an erring
assigned member/employee or request 4TH Dimension for
substitution, change or removal, provided that the PRINCIPAL shall
make a written justification or basis for such request.

PRINCIPALS normally reserve the right, at any time, to request

for replacement of any personnel assigned with it, for any justified or
reasonable cause, including but not limited to poor performance,
unsatisfactory performance, failure to comply with lawful directives,
insubordination, being disrespectful in general, sleeping on the job,
unprofessional conduct, violation of any company rules and
regulations, illegal or immoral activities, reporting for duty under the
influence of alcohol or not in uniform or incomplete uniform, etc.

Ultimately, it is 4th Dimension that will act on the requests or

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recommendation of the PRINCIPAL. At the risk of being redundant,

the Account Supervisor then reports to 4th Dimension and such
report will be the basis for the imposition of any disciplinary action, if
necessary. Personnel may then be recalled, transferred, terminated
or re-assigned or re-deployed to other clients. Definitely, 4TH
Dimension has the ultimate say on said concerns.

At all times, members/employees subject to disciplinary actions

were given the opportunity to be heard (Annex “9”)

On the observation that The PRINCIPAL determines

termination of AGENCY employees--

4th Dimension re-states the following as comment to above

observations which are related:

It is an industry practice that the PRINCIPALS may request or

recommend the imposition of disciplinary action against an erring
assigned member/employee or request 4TH Dimension for
substitution, change or removal, provided that the PRINCIPAL shall
make a written justification or basis for such request.

PRINCIPALS normally reserve the right, at any time, to

request for replacement of any personnel assigned with it, for any
justified or reasonable cause, including but not limited to poor
performance, unsatisfactory performance, failure to comply with
lawful directives, insubordination, being disrespectful in general,
sleeping on the job, unprofessional conduct, violation of any
company rules and regulations, illegal or immoral activities, reporting
for duty under the influence of alcohol or not in uniform or
incomplete uniform, etc.

Ultimately, it is 4th Dimension that will act on the requests or

recommendation of the PRINCIPAL. The Account Supervisor then
reports to 4th Dimension and such report will be the basis for the
imposition of any disciplinary action, if necessary. Personnel may
then be recalled, transferred, terminated or re-assigned or re-
deployed to other clients. Definitely, 4 TH Dimension has the ultimate
say on said concerns.

On the presence of the PRINCIPALS’ supervisor--

It is normal and an industry practice that the PRINCPAL may

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likewise designate a supervisor in the workplace. This is specially so

that the PRINCIPAL has its own regular employees apart from the
members/employees of 4th Dimension, who are evidently not within
the supervision and control of the Account Supervisor of 4 th
Dimension. Thus, there are two (2) supervisors in work place—the
Account Supervisor of 4TH Dimension and the designated supervisor
of the client (the PRINCIPALS).

They nevertheless perform separate assigned tasks: the

PRINCIPAL’S supervisor monitors and supervises their regular
employees while that of 4th Dimension, the members/employees.
Both supervisors work in close coordination with each other in
carrying out the objectives in the service agreement.

The member/employees of 4th Dimension dutifully follow both

supervisors as a matter of courtesy. But this should not be
interpreted as being under the control and supervision of the
PRINCIPAL but purely a show of respect to the supervisor of the
PRINCIPAL. It should be pointed out that the supervisor of 4 TH
Dimension has the power of control and supervision over the
members/employees.

The employees deployed to the various establishments are

regular employees of 4TH DIMENSION--

The employees assigned to its clients are regular employees of

4 Dimension. It assumes full responsibility for its compliance with
TH

all labor laws and regulations and implements the following:

1) The hiring and employment of the workers supplied to its

clients. This is never done by the clients.

2) Determines the particular employees to be deployed to the

clients after entering into a Service Agreement.

3) Pays the salaries, wages and all benefits of the workers in

accordance with laws, rules and regulations. This includes
the manner, mode and terms of payment.

This can be easily substantiated by

verifying the remittances of 4th Dimension of certain
benefits of the assigned personnel with the Social
Security System, Philhealth and Pag Ibig (Annex “8”)
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4) Has the power to terminate, re-assign or transfer, recall the

workers deployed.

5) 4th Dimension possesses substantial capital or

investment.

RELATIONSHIP OF 4TH DIMENSION AND ITS

MEMBERS/EMPLOYEES UNEQUIVOCALLY PASS THE FOUR-
FOLD TEST

In determining the existence of an employer-employee

relationship, this Court has generally relied on the four-fold test, to
wit: (1) the selection and engagement of the employee; (2) the
payment of wages; (3) the power of dismissal; and (4) the
employer’s power to control the employee with respect to the means
and methods by which the work is to be accomplished. (Royale Homes v.
Alcantara, G.R. No. 195190, 28 July 2014; citing Bernarte v. Philippine Basketball Association (PBA), G.R.
No. 192084, 14 September 2011; Sandigan Savings and Loan Bank, Inc. v. National Labor Relations
Commission, G.R. No. 112877, 26 February 1996; Sonza v. ABS-CBN Broadcasting Corporation, G.R. No.
138051, June 10, 2004)

As applied in this case, and as can be gleaned from the

foregoing discussions, 4th Dimension undeniably has an employer-
employee relationship with its members/employees.

First, it oversees the selection and engagement of its

members/employees, and does not rely on any input from its clients
(the PRINCIPAL) when hiring its members/employees. The
application process, employment contracts and job offer is controlled
solely by 4th Dimension without any interference from the PRINCIPAL.
On boarding of newly-hired members/employees are done in 4 th
Dimension’s premises.

Second, 4th Dimension is responsible for the

members/employees’ payment of wages. It oversees
members/employees’ payment of their legally mandated benefits.
The PRINCIPAL has no say whatsoever in this aspect of employment.
The PRINCIPAL merely pays 4th Dimension according to the fees as
specified in the Service Contract with 4 th Dimension, which has no
relationship to the payment of employees’ wages as stipulated in
their employment contract with 4th Dimension, as its employer.
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Third, 4th Dimension has the sole right to dismiss its

members/employees. If the PRINCIPAL has concerns with the
performance or actions of the members/employees, the PRINCIPAL
merely raises these concerns with 4th Dimension’s Team Leader or
Account Supervisor. 4th Dimension is the one that imposes the
penalties unto the erring members/employees, and if the employee’s
acts constitute a reasonable ground for termination, then it does so.
It has its own process for disciplining its members/employees and
this is the one being practiced since it started being a legitimate
independent contractor.

Fourth and the most important test is the element of control.

th
4 Dimension has sole control over the means and manner as to how
its members/employees will perform its tasks. The PRINCIPAL has
inputs and certain guidelines that 4th Dimension members/employees
are apprised of and must adhere to, but this does not constitute
labor law control, but only built-in control when it comes to the
PRINCIPAL’s business operations. It has reference to the desired
results, but the control over the means and methods as to the actual
performance of the tasks are covered by 4 th Dimension’s Account
Supervisor or Team Leader.

Guidelines indicative of labor law control do not merely relate to

the mutually desirable result intended by the contractual relationship;
they must have the nature of dictating the means and methods to be
employed in attaining the result. (Tongko v. The Manufacturers Life Insurance Co.
(Phils.), Inc., G.R. No. 167622, 25 January 2011; citing Insular Life Insurance Co., Ltd. v. National Labor
Not every form of control that
Relations Commission, G.R. No. 84484, 15 November 1989 ).

a hiring party imposes on the hired party is indicative of employee-

employer relationship. Rules and regulations that merely serve as
guidelines towards the achievement of a mutually desired result
without dictating the means and methods of accomplishing it do not
establish employer-employee relationship (ibid.).

Because the PRINCIPAL does not have any control as to the

means and methods of how the task is to be performed, it cannot be
said that the members/employees must be their employees and not
of 4th Dimension. 4th Dimension is an independent contractor and the
employees are its members/employees. 4 th Dimension’s relationship
with its members/employees undeniably pass the four-fold test and
thus in this regard, no violation of DO 18-A is committed.

4TH DIMENSION PASSES THE CRITERIA LAID DOWN BY THE

SUPREME COURT
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It has been settled that 4th Dimension practices labor law

control over its members/employees. Needless to say, this element of
control also plays a big role in determining the existence of
independent contractorship.

The test of independent

contractorship is whether one claiming
to be an independent contractor has
contracted to do the work according to
his own methods and without being
subject to the control of the employer,
except only as to the results of the
work. In San Miguel Corporation v.
Semillano, The Court laid down the criteria in
determining the existence of an independent
and permissible contractor relationship, to
wit:
 
x x x [W]hether or not the contractor is
carrying on an independent business; the
nature and extent of the work; the skill
required; the term and duration of the
relationship; the right to assign the
performance of a specified piece of work; the
control and supervision of the work to
another; the employers power with respect to
the hiring, firing and payment of the
contractors workers; the control of the
premises; the duty to supply the premises,
tools, appliances, materials, and labor; and
the mode, manner and terms of payment.xxx
(Polyfoam-RGC International Corporation v. Concepcion, G.R. No.
172349, 13 June 2012; citing San Miguel Corporation v. Semillano,
G.R. No. 164257, 5 July 2010) (Emphasis supplied)

From the previous discussions, and applying the criteria laid

down by the Supreme Court, it is important to note that 4 th
Dimension has sufficiently shown that it is a legitimate independent
contractor. It is carrying on an independent business; the jobs or
tasks farmed out to PRINCIPALs are not indispensable to their core
business and necessitates the unique skills of 4 th Dimension
members/employees; the PRINCIPALs have no hand in the hiring,
firing, and payment of the contracted workers; that it has the
requisite tools, materials and equipment in the provision of its
services, and more importantly, it clearly refuted that the PRINCIPAL
has control over the means and methods of how its
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members/employees perform their tasks, hence, strengthening 4 th

Dimension’s position that it did not violate DO 18-A.

CONCLUSION

THE FOREGOING SHOWS THAT there is no

violation of Department Order No. 18-A series of 2011.

Quezon City for Manila, 29 August 2017

MARICEL PADIERNOS
General Manager
th
4 Dimension Multi-Purpose Cooperative
#27-B Benitez Street, Brgy Horseshoe Village
Cubao, Quezon City

VERIFICATION, OATH AND CERTIFICATION

I, MARICEL B. PADIERNOS of legal age, Filipino citizen, after

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having been duly sworn to in accordance with law, hereby depose

and state the following:

1. I am the duly authorized representative of 4 TH Dimension in

the foregoing case;

2. As such, I caused the filing and/or the preparation of this

position paper and have read its contents and allegations which are
true and correct of my personal knowledge and based on authentic
records;

3. 4TH Dimension has not commenced any other action or

proceeding involving the same issues in, and there is no other action
or proceeding pending before, the Supreme Court, the Court of
Appeals, or different divisions thereof, or any tribunal or agency. If
ever I should learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals or
different divisions thereof, or in any tribunal or agency, I shall notify
this Honorable Court within five (5) days from such notice.

MARICEL PADIERNOS
Affiant

SUBSCRIBED AND SWORN to before me this

__________________ at Quezon City. Affiant exhibited to me her
SSS ID No. 33-4773458-6.

Doc. No. ______

Page No. ______
Book No. ______
Series of ______

SECRETARY’S CERTIFICATE

I, PERLA P. HUERTO, Corporate Secretary of 4th Dimension

Multi-Purpose Cooperative, certify that the following is a correct and
true copy of a Resolution duly approved at a meeting of the Board of
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Directors of the said Corporation held at its office at #27-B Benitez St

Brgy Horseshoe Village Cubao, Quezon City, on the 10th day of July
2017, and the said Resolution is in full effect and has not been
revoked or cancelled, and reads as follows:

“RESOLVED THAT MARICEL PADIERNOS, is

hereby authorized to verify, certify, authenticate, file,
execute and/or sign all documents and pleadings in IN RE:
JOINT ASSESSMENT CONDUCTED AT 4TH DIMENSION
MULTI-PURPOSE COOPERATIVE”, for and in behalf of
the cooperative, including but not limited to Position Paper,
Reply and Motions, Memorandum, Memorandum of Appeal,
in connection with any and all cases filed or be filed against
them before the Department of Labor and Employment and
to represent the company in the conferences, hearings and
other proceedings thereon.

“RESOLVED FURTHER that the above authority

shall likewise apply to all petitions and other pleadings which
may be filed with the appellate courts, namely, the Court of
Appeals and the Supreme Court.

RESOLVED FINALLY that the foregoing authority

shall continue to be in full force and effect until revoked by
the Board of Directors in a resolution duly certified by the
Corporate Secretary.”

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 25th day of July 2017 at the City of Quezon City.

PERLA P. HUERTO
Corporate Secretary

SUBSCRIBED AND SWORN to before me this 25th day of July

2017 at Quezon City. Affiant exhibited to me her SSS ID No. 33-
4773458-6.

Doc. No. ______

Page No. ______
Book No. ______
Series of ______
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