power of control test is the most important test but it is not the only test.

It is greatly material in the determination of the

existence of a contract of an ER-EE but it is not the only test.

Look at LVN vs. PHIL. MUSICIANS GUILD.

The argument of LVN is this: You musicians, you think you are our employees. That is why you want to make a union vis-à-vis
us. We are not your employers. You are not our employees. We are engaged in the business of making movies. You are engaged
in the making of music. Kana lang daan, dili na ta ER-EE. Sine mi, music mo. How can we be your employer? Precisely because I
do not know about music, I hire a musical director. The musical director is my employee. I ask him, pangitag music that will be
fitting for this film. I give you lump sum amount. We contract. Movie company, musical director. Lump sum amount, say
P300,000. Pangita ug music ini. Ang title ani kay “Caregiver”. Basaha nang script, pangita ug music ana. Siya na ang mangita.
The movie company does not know the business of music. It cannot know who are the good musicians. Who are the
drummers that are worthy of their instruments? Who are the good wind instruments players? Mayo kaya ni siya mu-tayhop ug
trumpeta kay dako ug lawas? They do not know.
So, how come they are employees?
Supreme Court says you might have begun like that. But then, you changed. How? You hired a musical director. But you
told the musical director, anhi magpractice sa studio. Klaruhon ta na! Arun makuha nimo ang imong tao, naay LVN bus. Gamita
na. Unya, call slips. Tagai na ug call slips imong musicians. Nganong dili na man lang i-call, butangan pa man ug slips? Kay,
record na siya sa opisina sa pagkaon. Pila ka packed lunch ang gamiton. Mao ra tong tagaan ug packed lunch. Asa gikan ang
packed lunch? Sa musical director? Sa LVN! Ang nagpatawag nila kay LVN.
That indicates control. All those instances indicate control.
And finally, with the so-called final take, when they decide the particular rendition of the music that is going to be attached to
the movie, whether or not the musicians are called upon to be part of the visual take of the movie, because they are part of the
scene of the movie, they are playing there, or they have no part. They just provide the music. In the final take, the musical
director fades out from the scene. And the one who determines the final take is the movie director.
Tan-awa naghilak si Sharon, paspasan na ang violin 
Ang movie director na ang nagbuot ana. And it is measured by seconds. That is how movies are finally edited. Either the
movie fits into the music or the music fits into the movie.

(Talks about a scene in the film Butch Cassidy and the Sundance Kid, starring Paul Newman, where the scene inspired the
song Raindrops Keep Fallin’ on My Head … aaaah! )

It is the musical director who gives the material. But finally, the one who chooses the precise version is the movie director
because in the end, he is the final creator of the film.
That is why the Supreme Court said, attention to detail is fulfillment of the 4 th requirement. Control, not just as to the goal or
the end product, but also as to the means and methods to produce that end product.
That is what makes LVN vs. PHIL. MUSICIANS GUILD a very revolutionary ruling.

If you will go through some of the quoted cases there, in the United States, for a while, they side-tracked into the economic
entity test. How much machinery per worker is invested? That is the test. The Supreme Court of the US found that is inadequate.
It does not fit all kinds of cases. Finally, they withdraw from that ruling. They went back to the power of control test.

The other cases show you precisely how the test is met.