NAME: Michelle C.

Llaneta-Villamora YEAR/COURSE/SECTION: JD-2A

Case No. 34.

Jimenez, et. al., v. NLRC, G.R. No. 116969, 2 April 1996

ISSUE: Is Fredelito Juanatas an employee of JJ’s Trucking and is entitled for commission and
separation pay?

ARGUMENT OF THE PETITIONER (Jimenez): Fredelito Juanatas was not an employee of

JJ’s Trucking but merely a helper of his father Pedro. The hiring of a helper was
discretionary upon Pedro.

ARGUMENT OF THE RESPONDENT (NLRC/Juanatas): Fredelito Juanatas was an

employee of the petitioner considering that his functions as helper was necessary and
desirable to respondent’s trucking business.

SC RULING: No. He is not an employee and is not entitled to the share of award of commission
and separation pay.

RATIO: The elements in determining the existence of employer-employee relationship are not
present in the case at bar. As evidenced by their contract, Fredelito was hired by his
father Pedro and his father paid the compensation he received from the commissions
received by him from the petitioner. His father was the one who has control and
supervision over him and the disposal of his functions as a helper.

INSTRUCTION LEARNED: The existence of employer-employee relationship must conform

to the selection and management of the employee, the payment of wages, the power of
dismissal and the power to control the employees conduct. The control test should be
given primary consideration. The necessity and desirability of one’s function in relation
to an employer’s business is immaterial.