Cabe v.

Tumang
G.R. No. L-57682 March 18, 1985

Facts:

Samuel Tamayo entered into a construction contract with spouses Ronald Cabe
and Purita Cabe to build the latter’s residential house for P106, 000 in accordance with
the plans and specifications prepared by an architect. However, the house was finished
by some other persons when Tamayo allegedly made certain deviations from the plans.

Later, Tamayo filed a case in the Regional Office of the Department of Labor for
the recovery of P7, 000 as payment of labor and materials. He filed the case as head
carpenter of his 18 co-workers, whose wages he had advanced, and for reimbursement
of materials which he had purchased.

The arbitration court ordered the reimbursement to Tamayo. This prompted the
spouses to assail the decision with the contention that said court has no jurisdiction over
the case.

Issue:

Whether or not the Labor Regional Office has jurisdiction.

Held:

No, it has no jurisdiction. The Supreme Court ruled that Tamayo was an
independent contractor and not an employee of the Cabes. The Labor Regional Office
and the National Labor Relations Commission had no jurisdiction over his claim, as their
jurisdiction is confined to claims arising from employer-employee relationship. Hence,
Tamayo’s claim is cognizable by the municipal trial court.