Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. VI
Bacolod City

RENATO ALVAREZ
Complainant

NLRC RAB Case No. VI-03-12345-23

- versus -

DANIEL PARAS and JOLLY BEE

Respondents

x--------------------------------------------x

POSITION PAPER FOR THE RESPONDENTS

The respondents, DANIEL PARAS, and JOLLY BEE of JD-L11 Auto

Repair Shop, through the undersigned counsels, most respectfully present
their Position Paper for the consideration of the Honorable Office, and
states the following:

THE PARTIES

Complainant, RENATO ALVAREZ (Complainant, for brevity), is of

legal age, and a resident of Lizares St., Brgy 40, Bacolod City.

Respondents are, DANIEL PARAS, Owner, and JOLLY BEE,

Manager, of JD-L11 Auto Repair Shop (Shop, for Brevity) with principal
place of business at Lacson Ext., Bacolod City.

The parties may be served with the notices, orders, and resolution of
the Honorable Office in the above-stated addresses.
1.
JD-L11 Auto Repair Shop is a sole proprietorship engaged in the
maintenance, urgent repairs, and preventive or performance-
enhancing repairs of automobiles.

2. On the other hand, Complainant is a mechanic assistant who

provides support to lead mechanics working in automotive repair
shops by directly helping with repair- and maintenance-related tasks.

3. That starting October 1, 2017, the Owner engaged the herein

Complainant as its mechanic assistant.

4. That sometime in May 2020, the Complainant was involved in an

altercation with his fellow mechanic assistants, Lolo Saysay (Lolo)
and Jose Chan (Jose), during a drinking session inside the shop’s
premises.

5. Thereby, the shop’s supervisor, Macoy Donaldo (Macoy),

reprimanded the Complainant and his fellow mechanic assistants for
the commotion that ensued. In response, the three threatened to kill
Macoy.

6. Macoy Donaldo proceeded to the Police Station for a blotter following

the threats received.

7. On that occasion, the Complainant and his fellow mechanic

assistants Lolo and Jose were banned from reporting to the Shop.

8. The herein complainant now filed this instant case and alleging that he
was illegally dismissed, and which claim is preposterous.
 ISSUE

Whether or not there was an employer-employee relationship

between the Complainant and the Respondents

ARGUMENTS AND DISCUSSION

The only issue needed to be resolved in this case is whether or not

an employer-employee relationship exists between the complainant and the
respondents.

It would be an exercise of futility to discuss the issue on illegal

dismissal and entitlement to pays as alleged by the complainant because
employer-employee relationship does not exist between Complainant and
the Respondents.

The Four-Fold Test

In Viaña v. Al-Lagadan, the Court first laid down the four-fold test to
determine the existence of an employer-employee relationship.  The
four elements of an employer-employee relationship, which have
since been adopted in subsequent jurisprudence, are (1) the power to
hire; (2) the payment of wages; (3) the power to dismiss; and (4)
the power to control.  The power to control is the most important of
the four elements.

In Insular Life Assurance Co., Ltd. v. NLRC, the Court explained the

scope of the power to control, thus:

x x x  It should, however, be obvious that not every form of control that

the hiring party reserves to himself over the conduct of the party hired in
relation to the services rendered may be accorded the effect of
 establishing an employer-employee relationship between them in the
legal or technical sense of the term. A line must be drawn somewhere, if
the recognized distinction between an employee and an individual
contractor is not to vanish altogether.

Logically, the line should be drawn between rules that merely serve as
guidelines towards 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.

In the present case, the power to control is missing. Respondents

tasked Complainant to provide support to lead mechanics working in
automotive repair shops by directly helping with repair- and
maintenance-related tasks. However, the manner in which Complainant
was to pursue these activities was not subject to the control of
Respondents. The manner to perform repairs and maintenance
services to customers’ automotive were left entirely to his discretion. 
The means and methods of performing jobs related to automotive
repairs, checkups, and related tasks were left to his sound judgment.

The four-fold test in determining the existence of an employer-employee

relationship was not satisfied.

PRAYER
 WHEREFORE, premises considered, it is most respectfully prayed
unto this Honorable Office, that resolution be rendered, by DISMISSING
the instant case for lack of merit to wit:

That herein Complainant, RENATO ALVAREZ is not an employee of

the herein respondent, as there is no employer-employee relationship
between them and is consequently was not illegally terminated, not entitled
to his alleged claims for Separation Pay, 13th month pay and holiday pay.

Other reliefs that are just and equitable are likewise prayed for.

Respectfully submitted.

Bacolod City, Philippines, this 22nd day of March 2023.

Castillon, Ga and Rada Law Firm

51 Lizares Avenue, Bacolod City, Negros Occidental, Philippines

By:
 Atty. IAN KRISTOFFER V. GA
Roll No. 131098
IBP No. OR No.1371121
PTR No. 0436715 January 18, 2023
MCLE Compliance No. VIII-0001023, November 17, 2022

Atty. UNICE P. CASTILLON

Roll No. 112233
IBP No. OR No. 10018981
PTR No. 0810980 January 17, 2023
MCLE Compliance No.: VIII-0000117, December 17, 2022

Atty. ESSARAH A. RADA

Roll No. 123202
IBP No. OR No.1060378
PTR No. 0436715 January 2, 2023
MCLE Compliance No. VIII-0000634, September 8, 2022

REQUEST

The National Labor Relations Commission

Bacolod City

Kindly submit the foregoing Position Paper for the consideration of

the Honorable Labor Arbiter immediately upon receipt hereof.
 ATTY. UNICE P. CASTILLON

Copy furnished:

RENATO ALVAREZ
Lizares St., Brgy. 40, Bacolod City

VERIFICATION

We, Daniel Paras and Jolly Bee, both of legal age, and with office
address at Lacson Ext., Bacolod City, after having sworn to in accordance
with the law, do hereby depose and say:

1. That we are the respondents in the instant case;

2. That we have caused the preparation of the foregoing Position

Paper, have read the same and the contents thereof are true and
correct to the best of our knowledge and belief.

IN WITNESS WHEREOF, we have here unto affixed or signatures

this 22nd day of March 2023, in the City of Bacolod, Philippines.

DANIEL PARAS JOLLY BEE

 Affiant Affiant
CTC No. 876543201 CTC No.12345067

SUBSCRIBED AND SWORN to before me this 22nd day of

March 2023, in the City of Bacolod, Philippines. Affiants exhibited to
me their Community Tax Certificate above-written.

Notary Public
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