This case has been cited 4 times or more.
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2009-12-23 |
BRION, J. |
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| The petitioner reiterates that there are distinctions between the work of the forwarders' employees and that of the regular company employees. The receiving, unloading, recording or documenting of materials the forwarders' employees undertake form part of the contracted forwarding services. The similarity of these activities to those performed by the company's regular employees does not necessarily lead to the conclusion that the forwarders' employees should be absorbed by the company as its regular employees. No proof was ever presented by the union that the company exercised supervision and control over the forwarders' employees. The contracted services and even the work performed by the regular employees in the warehouse department are also not usually necessary and desirable in the manufacture of automotive electronics which is the company's main business. It adds that as held in Philippine Global Communications, Inc. v. De Vera,[21] management can contract out even services that are usually necessary or desirable in the employer's business. | |||||
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2009-03-04 |
CARPIO MORALES, J. |
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| Under the foregoing provision, Shangri-la, which employs more than 200 workers, is mandated to "furnish" its employees with the services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic which means that it should provide or make available such medical and allied services to its employees, not necessarily to hire or employ a service provider. As held in Philippine Global Communications vs. De Vera:[8] | |||||
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2007-02-05 |
AZCUNA, J. |
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| The Court, in determining the existence of an employer-employee relationship, has invariably adhered to the four-fold test: (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," considered to be the most important element.[18] | |||||
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2006-09-08 |
CORONA, J. |
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| (7) regulate the use of the multi-purpose halls, multi-purpose pavements, grain or copra dryers, patios and other post harvest facilities, barangay waterworks, barangay markets, parking area or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for the use thereof. (emphases ours) Based on the foregoing, it is respondents, not petitioner, who enjoy the authority to administer the hall. Although the building was erected on an "open space" owned by BFHI, there is no doubt that the cost of its construction was sourced from government funds. Thus, the hall falls within the ambit of respondents' jurisdiction. The law is clear and unambiguous, hence, it must be taken to mean exactly what it says and the court has no choice but to see to it that its mandate is obeyed.[18] | |||||