Title
Locsin vs. Philippine Long Distance Telephone Co.
Case
G.R. No. 185251
Decision Date
Oct 2, 2009
PLDT terminated its security agreement with SSCP but retained petitioners as guards, leading to claims of illegal dismissal. SC ruled an employer-employee relationship existed due to PLDT's control, finding illegal dismissal and ordering back wages and separation pay.

Case Summary (G.R. No. 164668)

Factual Background

On November 1, 1990, PLDT and SSCP executed a Security Services Agreement, leading to the assignment of petitioners as security guards at PLDT’s facilities. PLDT terminated this agreement effective October 1, 2001, but petitioners continued to work at their posts, claiming they were directed to do so by PLDT representatives. On September 30, 2002, petitioners’ services were terminated, prompting them to file a complaint for illegal dismissal, asserting they were entitled to various claims including back wages and separation pay.

Labor Arbiter's Decision

The Labor Arbiter ruled in favor of the petitioners, determining they were employees of PLDT, not SSCP. The Arbiter concluded that due process in termination was not followed, as PLDT did not provide the requisite procedural safeguards. The Arbiter ordered PLDT to pay petitioners separation pay and back wages, while denying other claims due to lack of evidence.

Proceedings before the National Labor Relations Commission

PLDT appealed the Labor Arbiter's decision to the National Labor Relations Commission (NLRC), which affirmed the Arbiter's ruling. PLDT's subsequent motion for reconsideration was also denied, leading the company to seek relief from the Court of Appeals.

Court of Appeals Decision

The Court of Appeals ruled in favor of PLDT, setting aside the NLRC’s decision. Applying a four-fold test for employer-employee relationships, the CA determined no such relationship existed, citing that SSCP qualified as an independent contractor with substantial capital. The court based its decision on the terms of the Agreement, which expressly stated that no employer-employee relationship existed between PLDT and the security guards.

Issues Presented

  1. Whether petitioners maintained an employer-employee relationship with PLDT after the termination of the SSCP contract,
  2. The application of Article 280 of the Labor Code regarding their employment status,
  3. The implications of the absence of a renewed contract post-termination,
  4. The nature of petitioners' thirteen years of service and its impact on their employment classification,
  5. Whether the CA committed grave abuse of discretion by overturning the labor adjudications favoring the petitioners.

Supreme Court’s Ruling

The Supreme Court granted the petitioners' appeal, determining that an employer-employee relationship existed between PLDT and petitioners following the termination of the SSCP Agreement. The Court found insufficient justification for why petition

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