Title
Supreme Court
Tan vs. Lagrama
Case
G.R. No. 151228
Decision Date
Aug 15, 2002
A painter, employed for 10 years, was illegally dismissed over unsubstantiated claims; courts ruled an employer-employee relationship existed, awarding separation pay and backwages.

Case Digest (G.R. No. 151228)
Expanded Legal Reasoning Model

Facts:

  • Background and Employment
    • Rolando Y. Tan is president of Supreme Theater Corporation and general manager of Crown and Empire Theaters in Butuan City.
    • Leovigildo Lagrama worked as a painter of ad billboards and murals for the Empress, Supreme, and Crown Theaters from September 1, 1988 until October 17, 1998.
  • Incident and Procedural History
    • On October 17, 1998, Tan accused Lagrama of urinating in his work area, ordered him to stop drawing and to leave the premises. Lagrama denied the allegation.
    • Lagrama filed for illegal dismissal before the NLRC, seeking separation pay, backwages, 13th-month pay, service incentive leave pay, salary differential, and damages.
    • The Labor Arbiter (June 17, 1999) found the dismissal illegal and awarded P136,849.99.
    • On appeal, the NLRC Fifth Division (June 30, 2000) reversed and held Lagrama to be an independent contractor; denied reconsideration (September 29, 2000).
    • The Court of Appeals granted Lagrama’s petition (May 31, 2001), annulled the NLRC resolutions, and reinstated the Labor Arbiter; denied Tan’s motion for reconsideration (November 27, 2001).
    • Tan filed a petition for review on certiorari before the Supreme Court raising five assignments of error, primarily contesting the existence of an employment relationship and the illegality of dismissal.

Issues:

  • Whether an employer-employee relationship existed between Tan and Lagrama.
  • Whether Lagrama was illegally dismissed.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.