REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
National Capital Region
Quezon City
RODEL,
Complainant,
- versus -

NLRC Case No.

For: Illegal Dismissal

RAQUEL,
Respondent.
x-------------------------------------------------x

ANSWER

The RESPONDENT, by the undersigned counsel, respectfully submits to this Honorable Office
this Answer, to wit:

PRELIMINARY STATEMENT
Complainants cause of action against herein respondent is devoid of any merit

THE PARTIES
The Complainant is RODEL, a skilled carpenter hired by the respondent, of legal age, Filipino
and with address at 123 B Tahimik Street, Barangay Ugong, Valenzuela City where he could be
served with summons and other legal processes of this Honorable Office.
The Respondent is RAQUEL, of legal age, Filipino and with address at 63 Scout Chuatoco,
Roces Avenue, Quezon City where she could be served with summons and other legal
processes of this Honorable Office.

STATEMENT OF THE FACTS AND THE CASE

Herein respondent (Raquel) hired herein complainant (Rodel), a skilled carpenter, to make
repairs of the formers leaking roof. Raquel told complainant to replace the rusted GI sheets,

giving instructions that she wants the best materials to be used and to paint it with bright-colored
paint.

ISSUE
WHETHER OR NOT COMPLAINANT WAS ILLEGALLY DISMISSED, WITHOUT DUE
PROCESS OF LAW, HENCE, ENTITLED FOR FULL BACKWAGES AND FULL BENEFITS AS
PROVIDED FOR UNDER THE LABOR CODE

ARGUMENTS
Employee employer Relationship
Pivotal to the resolution of the instant case is the determination
To ascertain the existence of an employer employee relationship, the four factors in
determining if there is an employer-employee relationship are:
1. the power to hire
2. the power to pay
3. the power to dismiss
4. the power to control ( the most important in determining employer-employee
relationship)
In this case, the first three requisites are present but the power to controll is not present, due to
reason that raquell only instruct what materials to be used and not the manner of repairing the
roof.
Applying the abovementioned test, employer employee relationship is wanting in the instant
case. Therefore there is no employer-employee relationship and there is no illegal dismissal.

RELIEFS SOUGHT
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Office to
dismiss the instant complaint for utter lack of merit.

Other reliefs just and equitable under the premises are likewise prayed for.

RESPECTFULLY SUBMITTED

Quezon City, December 9, 2016.

The Law Firm of:

DE GUZMAN LAW OFFICE
062 MAGSAYSAY STREET,
BRGY. DUMPAY, BASISTA PANGASINAN
By:
ATTY. PRUDENCIO B. DE GUZMAN III
Counsel for the Respondent
PTR NO. 4560388/01-03-11/Q.C.
IBP NO. 801459/01-03-11/Q.C.
Roll of Attorneys No. 40522
MCLE Compliance No. III-0017581
June 01, 2015

Copy furnished:
ATTY. JUAN C. DELA CRUZ
No 159 Maysan Road
Bgy. Malinta, Valenzuela City
EXPLANATION
Copy of this Position Paper was sent by registered mail to the adverse party, instead of
personal service as required by the rules, because of the lack of personnel on the part of the
undersigned counsel to effect such personal service.

ATTY. PRUDENCIO B. DE GUZMAN III