EMPLOYER-EMPLOYEE RELATIONSHIP

A. Tests of employer-employee relationship

1. Traditional Four-Fold Test

2. Two-Tiered Test
3. Economic Dependency Test

B. Analysis of the jurisprudential doctrines:

1. Existence of employer-employee relationship cannot be repudiated in the

employment contract

Century Properties, Inc. v. Babiano, G.R. No. 220978, July 05, 2016

2. Distinguishing radio and television talent as independent contractor from a

news caster and co-anchor as an employee

Sonza v. ABS-CBN Broadcasting Corp., G. R. No. 138051, June 10, 2004

Thelma-Dumpit Murillo v. Court of Appeals, G. R. No. 164252, June 8, 2007

3. Comparison of Murillo case from Sonza case

Fuji Television Network Inc. v. Espiritu, G. R. No. 204944-45, December 3,

2014

4. Independent contractor recognized by jurisprudence

Radio and television talent

Sonza v. ABS-CBN Broadcasting Corp., G. R. No. 138051, June 10, 2004

Newspaper columnist
Orozco v. Court of Appeals, G. R. No. 155207, August 13, 2008

Masiador and sentenciador in cockfight gambling

Semblante v. Court of Appeals, G. R. No. 196426, August 15, 2011

Basketball referee
Bernate v. Philippine Basketball Association, G. R. No. 192084, September
14, 2011
5. Insurance agents

Insurance agent as independent contractor and not an employee

Carungcung v. NLRC, Sun Life Assurance Co. of Canada, G.R. No. 118086.
December 15, 1997

Not every form of control may established employer employee

relationship

Insular Life Assurance Co., Ltd. v. NLRC, Basiao, G.R. No. 84484
November 15, 1989
Royal Homes Marketing Corporation v. Alcantara, G. R. No. 195190,
July 28, 2014

Exclusivity

AFP Mutual Benefit Association, Inc. v. National Labor Relations

Commission, G.R. No. 102199, January 28, 1997
Consulta v. Court of Appeals, G.R. No. 145443. March 18, 2005

Comparing the Labor Code concept of "control" with the "control" that
must necessarily exist in a principal-agent relationship

Tongko v. The Manufacturers Life Insurance Company, De Dios, G.R.

No. 167622, June 29, 2010
Tongko v. The Manufacturers Life Insurance Company, De Dios, G.R.
No. 167622, January 25, 2011

Relationship transformed to employer-employer relations

Great Pacific Life Assurance Corporation v. NLRC, Ruiz, G.R. No.

80750-51 July 23, 1990

Insular Life Assurance Co., Ltd. v. NLRC, De Los Reyes, G.R. No.
119930 March 12, 1998

6. Application of the Two-Tiered Test

Francisco v. NLRC, G.R. No. 170087 August 31, 2006

7. Economic dependency test

Sevilla v. Court of Appeals, G.R. Nos. L-41182-3, April 15, 1988

Orozco v. Court of Appeals, G. R. No. 155207, August 13, 2008

8. Employer-employee relationship in job contracting v. labor-only contracting

Vigilia v. Philippine College of Criminology, Inc. G. R. No. 200094, June

10, 2013

9. Independent contracting under D.O. 174-17 (D.O. 18-A) v. independent

contractor recognized by jurisprudence

Fuji Television Network Inc. v. Espiritu, G. R. No. 204944-45, December 3,

2014

10. Kind of relationship in boundary system arrangement

Villarama v. Court of Appeals, GR NO. 165881, Apr 19, 2006

11. Working scholar

Section 14, Rule X Book III, IRR

Filamer Christian Institute v. Court of Appeals, G.R. No. 75112 October 16,
1990