G.R. No. 169510 - Atok Big Wedge Company, Inc. vs. Gison

In February 1992, Jesus P. Gison was engaged by Atok Big Wedge Company, Inc. as a part-time consultant on a retainer basis through Asst. Vice-President/Acting Resident Manager Rutillo A. Torres.
Respondent assisted retained legal counsel in prosecuting cases against illegal surface occupants, performed liaison work with government agencies (SEC, Bureau of Mines, municipal governments, courts), acted as public relations and legal assistant, and executed documentation and meetings.

He received a monthly retainer fee of ₱3,000, delivered at his residence or in a restaurant, plus representation expenses and reimbursement via disbursement vouchers; he enjoyed interest-free salary loans.
A written retainer agreement was executed but later misplaced. The arrangement persisted for eleven years. Respondent’s requests for Social Security System (SSS) registration were repeatedly denied by petitioner.

On February 4, 2003, respondent filed an SSS complaint for petitioner’s refusal to register him. The same day, petitioner issued a 30-day notice terminating his retainer contract.
On February 21, 2003, respondent filed with the NLRC a complaint for illegal dismissal, unfair labor practice, underpayment of wages, non-payment of 13th-month pay, vacation and sick leave pay. The Labor Arbiter dismissed the complaint; the NLRC affirmed. The Court of Appeals (CA) reversed, ordering reinstatement and backwages. Petitioner’s certiorari to the Supreme Court followed.

Whether the CA, in a Rule 65 certiorari petition, erred by deciding substantive issues beyond the presence of grave abuse of discretion by the NLRC.
Whether Article 280 of the Labor Code may be applied to determine the existence of an employer-employee relationship when that existence is in dispute.
Whether respondent became a regular employee entitled to security of tenure after eleven years of service.
Whether reinstatement was proper despite the sensitive and confidential nature of the services performed.