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Continuous cardiotocography (CTG)

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[G.R. No. 87098. November 4, 1996]ENCYCLOPEDIA BRITANNICA (PHILIPPINES), INC., petitioner, vs. NATIONAL LABOR
RELATIONS COMMISSION, HON. LABOR ARBITER TEODORICO L. DOGELIO and BENJAMIN LIM JOCO, respondents.
FACTS
Benjamin Limjoco was a Sales Division manager of petitioner Encyclopedia Britannica. He received
commissions from the products sold by his agents, while office expenses are deducted from his
commissions. Later, Limjoco resigned to pursue his private business. He then filed a complaint against
petitioner with DOLE for non-payment of separation pay and other benefits, as well as illegal deduction
from his sales commissions. Limjoco claimed that he was hired by the petitioner, was assigned in the sales
department and was earning an average of P40,000.00 monthly as commissions; that he was under the
supervision of the officials of the petitioner who issued to him and other personnel, memoranda,
guidelines on company policies, instructions, etc. Petitioner, on its part, alleged that Limjoco was not its
employee but an independent dealer authorized to promote and sell its products and in return, received
commissions therefrom.
ISSUE
Whether or not Limjoco was an independent contractor or an employee of Encyclopedia Britannica?
HELD
In determining the existence of an employer-employee relationship, the following elements must be
present: 1. selection and engagement of the employee; 2. payment of wages; 3. power of dismissal; and
4. the power to control the employees conduct. Of the above, control of employees conduct is commonly
regarded as the most crucial and determinative factor of the presence or absence of an employer-
employee relationship. The fact that petitioner issued memoranda to private respondent and other sales
managers did not prove that petitioner had control over them. The memoranda were mere guidelines on
company policies which sales managers follow and further require on their sales agents. The issuance of
memoranda to Limjoco and other sales managers was only done to appraise them and their respective
agents of the company policies and procedures. Limjoco was free to conduct and promote their sales
operations. The occasional reports to the petitioner from Limjoco were required in order to update the
company of its dealers performance. Even though petitioner had fixed the prices of the products for
reason of uniformity and that Limjoco cannot alter them, he, nevertheless, had the free rein in the means
and methods in selling them. He was free to conduct his work and he was free to engage in other means
of livelihood. At the time he was a dealer for the petitioner, Limjoco was also a director and later the
president of the Farmers Rural Bank. Had he been an employee of the petitioner, he could not be
employed elsewhere and he would be required to devote full time for petitioner .
Petition Granted.
[G.R. No. 157214. June 7, 2005] PHILIPPINE GLOBAL COMMUNICATIONS, INC., petitioner, vs. RICARDO
DE VERA, espondent.

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FACTS
De Vera and petitioner company entered into a contract where respondent was to attend to the medical
needs of petitioners employees while being paid a retainer fee of P4,000 per month. Later, De Vera was
informed y petitioner that the retainership will be discontinued. Respondent filed a case for illegal
dismissal.
ISSUE
Whether or not de Vera is an employee of PhilComm or an independent contractor.
HELD
Applying the four fold test, de Vera is not an employee. There are several indicators apart from the fact
that the power to terminate the arrangement lay on both
parties: from the time he started to work with petitioner, he never was included in its payroll; was never
deducted any contribution for remittance to the Social Security
System(SSS); he was subjected by petitioner to the ten (10%) percent withholding tax for his professional
fee, in accordance with the National Internal Revenue Code, matters which are simply inconsistent with
an employer-employee relationship;
the records are replete with evidence showing that respondent had to bill petitioner for his monthly
professional fees. It simply runs against the grain of common experience to imagine that an ordinary
employee has yet to bill his employer to receive his salary. Finally, the element of control is absent.
Petition granted
[G.R. No. 84484 November 15, 1989]INSULAR LIFE ASSURANCE CO., LTD., petitioner, vs. NATIONAL
LABOR RELATIONS COMMISSION and MELECIO BASIAO, respondents.
FACTS
Since 1968, respondent Basiao has been an agent for petitioner company, and is authorized to solicit
within the Philippines applications for insurance policies and annuities in accordance with the existing
rules and regulations of the company. In return, he would receive compensation, in the form of
commissions. Some four years later, in April 1972, the parties entered into another contract an Agency
Manager's Contract and to implement his end of it Basiao organized an agency or office to which he
gave the name M. Basiao and Associates, while concurrently fulfilling his commitments under the first
contract with the Company. In May, 1979, the Company terminated the Agency Manager's Contract. After
vainly seeking a reconsideration, Basiao sued the Company in a civil action and this, he was later to claim,
prompted the latter to terminate also his engagement under the first contract and to stop payment of his
commissions starting April 1, 1980. Basiao thereafter filed with the then Ministry of Labor a complaint
against the Company and its president. The complaint sought to recover commissions allegedly unpaid

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  [G.R. No. 87098. November 4, 1996]ENCYCLOPEDIA BRITANNICA (PHILIPPINES), INC., petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, HON. LABOR ARBITER TEODORICO L. DOGELIO and BENJAMIN LIM JOCO, respondents. FACTS Benjamin Limjoco was a Sales Division manager of petitioner Encyclopedia Britannica. He received commissions from the products sold by his agents, while office expenses are deducted from his commissions. Later, Limjoco resigned to pursue his private business. He then filed a complaint against petitioner with DOLE for non-payment of separation pay and other benefits, as well as illegal deduction from his sales commissions. Limjoco claimed that he was hired by the petitioner, was assigned in the sales department and was earning an average of P40,000.00 monthly as commissions; that he was under the supervision of the officials of the petitioner who issued to him and other personnel, memoranda, guidelines on company policies, instructions, etc. Petitioner, on its part, alleged that Limjoco was not its employee but an independent dealer authorized to promote and sell its products and in return, received commissions therefrom.  ISSUE Whether or not Limjoco was an independent contractor or an employee of Encyclopedia Britannica? HELD In determining the existence of an employer-employee relationship, the following elements must be present: 1. selection and engagement of the employee; 2. payment of wages; 3. power of dismissal; and 4. the power to control t ...
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