Case Summary (G.R. No. 62909)
Employment and Dismissal Events
Rogelio A. Aban was employed by Hydro Resources Contractors Corporation on October 24, 1978, with an initial salary of ₱1,500.00 and a gradually increasing living allowance. On September 4, 1980, he was informed of his termination effective October 4, 1980, due to alleged poor performance, leading Aban to file a complaint for illegal dismissal on October 6, 1980. The Labor Arbiter ruled in favor of Aban, which was affirmed by the NLRC, prompting the current petition for review.
Jurisdictional Issue
The core issue presented by the petitioner is whether an employer-employee relationship existed between Hydro Resources and Aban. The petitioner contends that their relationship was akin to that of a client and a lawyer, arguing that lawyers cannot be regarded as employees while performing legal services. Consequently, it asserts that the labor arbiter and NLRC lacked jurisdiction over the case.
Court's Analysis on Employer-Employee Relationship
The court disagrees with the petitioner's position, stating that lawyers can indeed be employees, highlighting the difference between in-house counsel, who may be treated as employees, and external legal practitioners. The determination of an employer-employee relationship considers factors such as the manner of selection and engagement, mode of payment, power of dismissal, and crucially, the power to control the employee's conduct. The right-of-control test is the decisive factor in this analysis.
Evidence of Employment by Hydro Resources
Aban's status as an employee was corroborated by evidence, including his appointment paper and the fact that he was paid a regular salary and allowance. Aban's duties extended beyond strictly legal tasks, as he assisted with internal administrative functions, further solidifying the characterization of his role as that of an employee.
Estoppel and Procedural Issues
The court points out that the petitioner presented evidence seeking to argue for Aban's managerial status during the proceedings but now attempts to disclaim any employment relationship. The court holds that the company is estopped from contesting the jurisdiction of the labor tribunal based on its prior assertions and documentation.
Decision and Relief Granted
The court affirms that since Aban's dismissal was illegal, he is entitled to reinstatement to his previous position with seniority rights intact and to three years’ worth of back wages, alongside reasonable attorney’s fees. Sh
...continue readingCase Syllabus (G.R. No. 62909)
Case Overview
- The case involves a petition by Hydro Resources Contractors Corporation (petitioner) to review the resolution of the National Labor Relations Commission (NLRC).
- The NLRC affirmed the labor arbiter's decision that ordered the reinstatement of Rogelio A. Aban (private respondent) to his former position without loss of seniority rights.
- The petitioner was also ordered to pay Aban 12 months backwages amounting to P18,000.00 and attorney’s fees of P1,800.00.
Factual Background
- Rogelio A. Aban was hired by the petitioner as a "Legal Assistant" on October 24, 1978, with a monthly salary of P1,500.00 and a living allowance that increased from P50.00 to P320.00.
- On September 4, 1980, Aban received a termination letter citing failure to perform duties adequately, effective October 4, 1980.
- Following his termination, Aban filed a complaint for illegal dismissal against the petitioner.
Legal Issues
- The primary issue raised by the petitioner is whether an employer-employee relationship existed between the petitioner and Aban.
- The petitioner contended that Aban was functioning in the capacity of a lawyer, which they argued did not constitute an employer-employee relationship under labor laws.
Jurisdictional Question
- The petitioner argued that the NLRC lacked jurisdiction due to the alleged absence of an employer-employee relationship.
- The petitioner maintained that the relationship was akin to that of a client with a lawyer, asserting that lawyers cannot be co