Title
Supreme Court
Mojica vs. Generali Pilipinas Life Assurance Co., Inc.
Case
G.R. No. 222455
Decision Date
Sep 18, 2019
Former insurance manager deemed independent contractor, ordered to repay P508,631.05 in unpaid allowances plus interest, per agreements.

Case Summary (G.R. No. 108000)

Applicable Law

The case is governed by contracts under the Civil Code, provisions regarding obligations, and labor laws, particularly concerning the definition and classification of employment relationships.

Background of the Case

Gerry S. Mojica was engaged by Generali Pilipinas Life Assurance Company, Inc. as an agent designated as Unit Manager and later as Associate Branch Manager. The respondent filed a complaint against Mojica seeking collection of unpaid monthly drawing allowances, insurance dues, and other liabilities totaling PHP 514,639.17, alleging Mojica was an independent contractor rather than an employee, making him liable for repayment of received allowances.

Summary of Arguments

The respondent alleged that the agreements executed between the parties classified Mojica as an independent contractor, responsible for meeting specific performance targets and repayment of drawing allowances, which were advances against future commissions. Mojica disputed this classification, contending he was an employee and therefore entitled to retain the allowances as salaries, arguing for jurisdiction to lie with the National Labor Relations Commission due to the alleged employer-employee relationship.

Ruling of the Trial Court

The Regional Trial Court ruled in favor of the respondent, affirming Mojica's status as an independent contractor. The court found that the agreements clearly established the nature of the relationship and stipulated conditions for repayment of the drawing allowances. Accordingly, Mojica was ordered to pay the unpaid amounts claimed by the respondent, along with attorney's fees.

Ruling of the Court of Appeals

The Court of Appeals upheld the trial court's decision, reiterating that Mojica’s obligations were grounded in the agreements that designated him as an independent contractor. The court acknowledged Mojica's failure to meet performance requirements that would warrant continued payment of drawing allowances and affirmed the amount owed while modifying the interest assessment to commence from the date of extrajudicial demand.

Supreme Court's Findings

The Supreme Court affirmed the Court of Appeals' ruling, confirming that the contractual agreements unambiguously defined Mojica as an independent contractor. The court ruled that Mojica earned commissions rather than salaries, thereby obligating him to repay the drawing allowances per the agreement's terms. Mojica's acknowledgment of his debt and inability to liquidate the allowances reinforced this determination.

Unpaid Allowances and Interest

The Court addressed the payment of unpaid drawing allowances, affirming that these were not salaries but rather advances subject to r

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