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RODEL,
Complainant,
RAQUEL,
Respondent.
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POSITION PAPER
PRELIMINARY STATEMENT
Complainant’s cause of action against herein respondent is devoid of any merit both in
fact and in law, hence, the said cause of action is unfounded and frivolous, and
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
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STATEMENT OF THE FACTS AND THE CASE
make repairs of the former’s 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. She wanted complainant to do the repairs while she is on
vacation in Baguio from Monday to Friday. She gave Rodel 10,000Php to buy the
needed materials. Two days in to her vacation, Raquel received a call from her
housemaid that Rodel bought secondhand materials and pocketed the rest of the
amount she gave to Rodel. Raquel instructed her maid to give the phone to Rodel and
over the phone, Raquel told Rodel, “You are fired and return the rest of the money or
else I will file a criminal case against you.” Hence, case filed by the complainant to this
Honorable Office for illegal dismissal and collection of wages, damages, and attorney’s
ISSUE
ARGUMENTS
Pivotal to the resolution of the instant case is the determination of the existence of
invariably adhered to the four-fold test, to wit: (1) the selection and engagement of the
employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to
control the employee’s conduct, or the so-called “control test”.” Of these four, the last
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one is the most important. The so-called “control test” is commonly regarded as the most
exists where the person for whom the services are performed reserves the right to
control not only the end achieved, but also the manner and means to be used in
reaching that end. (Atok Big Wedge Company, Inc. v. Jesus Gison, G.R. No. 169510,
August 8, 2011, citing Philippine Global Communication, Inc. v. De Vera, G.R. No.
157214, June 7 2005 and Abante, Jr. v. Lamadrid Bearing & Parts Corp, G.R. No.
instant case. Note that the instruction given by herein respondent was to repair her
leaking roof in a specified period (Monday to Friday while she was on vacation).
However, there was no requirement as to time and number of hours that complainant
should do the repairs thereof. Hence, the complainant may do the task on Monday,
Wednesday, and Friday or Tuesday and Thursday, as the case may be, at his own
election. The complainant was not required to do the repairs everyday on a fixed time.
More importantly, the respondent did not prescribe any manner in which the complainant
would accomplish the task. In fact, the complainant was left alone when the respondent
went on vacation in Baguio. Hence, the complainant was able to freely accomplish the
repair using his own means and methods. While it is true that respondent instructed
complainant to use best materials and paint the roof with bright-colored paint, those
instructions were mere guidelines of respondent’s desired result. Still, the means and
The line should be drawn between rules that merely serve as guidelines toward the
achievement of the mutually desired result without dictating the means or methods to be
employed in attaining it, and those that control or fix the methodology and bind or restrict
the party hired to the use of such means. The first, which aim only to promote the result,
create no employer – employee relationship unlike the second, which address both the
result and the means used to achieve it. (Insular Life Assurance Co., Ltd. V. NLRC, G.R.
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Verily, the absence of the element of control of herein respondent clearly presents that
services by the respondent did not constitute illegal dismissal warranting the payment of
RELIEFS SOUGHT
Other reliefs just and equitable under the premises are likewise prayed for.
RESPECTFULLY SUBMITTED
By:
ATTY. ELIZA M. MONTEMAYOR
Counsel for the Respondent
PTR NO. 4560388/01-03-11/Q.C.
IBP NO. 801459/01-03-11/Q.C.
Roll of Attorneys No. 36178
MCLE Compliance No. III-0017581
June 01, 2013
Copy furnished:
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.