104 EFREN P. P. PAGUIO vs. NATIONAL NATIONAL LABOR RELA REL ATIONS COMMISSION, COMMI SSION, METROMEDIA TIMES T IMES CORPORATION, ROBINA Y. GOKONGWEI, LIBERATO GOMEZ, JR., YOLANDA E. ARAGON, FREDERICK D. GO a! ALDA IGLESIA G.R. N". 14#$1% Ma& ', (00) FIRST DI*ISION +*ITUG, J. Fa-s: Metro Metromed media ia Times Times Corpor Corporati ation on enter entered, ed, for the fth fth time, time, into into an agreemen agreementt with petitioner petitioner E/ P. Pa23", appointing appointing the latter " 5 a a--"3 6-3v "/ 7 89. Again, petitioner was to solicit advertisements for "The Manila Times," a newspaper of general circulation, published by respondent company. etition etitioner, er, for his e!orts, e!orts, was to -v -"9:sa" -"ss2 "/ a 1;< -"99ss" " !- a!vs9s less withholding ta and a 10< -"99ss" " a2-& a!vs9s 5as! " 2"ss 2"ss v3s v3s less less agenc agency y commis commissio sion n and the the corre corresp spond onding ing withholding ta. The commissions, released every fteen days of each month, were to be given to petitioner only after the clients would have paid for the advertisements. Apart from commissions, :" =as a>s" >! " a 9"7>& a>>"=a- "/ P(,000.00 as >"2 as 7 9 7 P)0,000.00?9"7>& @3"a. #asically, the contentious points raised by the parties had something to do with the following s:3>a"s of the agreement$ viz : •
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"%&. "%&. Y"3 Y"3 a " a 9:>"& "/ 7 M"9!a T9s Corporation nor does the company have any obligations towards anyone you may employ, nor any responsibility for your operating epenses or for any liability you may incur. The only rights and obligations between us are those set forth in this agreement. This agreement cannot be amended or modied in any way ecept with the duly authori'ed consent in writing of both parties. "%(. )ither party may terminate this agreement at any time by givi giving ng writ writte ten n noti notice ce to the the othe other, r, thir thirty ty *(+ *(+ days days prio priorr to e!ectivity of termination." termination." •
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Ba>& =" 9"7s a/ 7 =a> "/ 7s -"a-, :" :" -v! a "- /"9 s:"! 89 /"92 79 "/ 7 9 9a a" " "/ 7s sv sv- -s s. Ap Apar artt from from vagu vague e alle allega gati tion ons s of miscon misconduc ductt on which which he was not given given the oppor opportun tunity ity to defend defend himself, i.e., pirati pirating ng client clients s from from his co-ee co-eecut cutive ives s and faili failing ng to produ produce ce resu results lts,, no denit denite e cause cause for petiti petitione oners rs termin terminati ation on was was given. A22v!, :" 8>! a -as 5/" 7 >a5" a5 . The labor arbiter found for petitioner and !->a! 7s !s9ssa> >>2a> . The arbiter ordered respondent Metromedia Times Corporation and its o/cers to reinstate petitioner to his former position, without loss of senio eniori rity ty rights hts, and to pay pay him his his comm commis iss sions ions and and othe otherr remun emuner erat atio ion n accr accrui uing ng from from the the date date of dism dismis issa sall up until ntil his his reinstatement. 0n appeal, NLRC vs! the ruling of the labor arbiter and declared the contractual relationship between the parties as being for a edterm employment. C"3 "/ A::a>s 3:7>! in toto the ndings of the commission.
Iss3: 1hat is the nature of the contractual relationship between petitioner and respondent respondent company - was it or was it not one of regular employment2
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A "regular employment," whether it is one or not, is aptly gauged from the concurrence, or the non-concurrence, of the following factors - a the manner of selection and engagement of the putative employee, b the mode of payment of wages, c the presence or absence of the power of dismissal$ and d the presence or absence of the power to control the conduct of the putative employee or the power to control the employee with respect to the means or methods by which his wor3 is to be accomplished. An indicum of regular employment, rightly ta3en into account by the labor arbiter, was the reservation by respondent M"9!a T9s C":"a" " ">& "/ 7 27 " -""> 7 s3>s " 5 a-7v! 53 >=s 7 9a a! 7 9as 3s! a-72 7a !. M"9!a T9s C":"a" 6-s! s3-7 -""> 5& @32 :", a9"2 "7 72s, " s359 a !a>& sa>s a-v& :" a! a>s" a 9"7>& sa>s :" as =>>. 4arious solicitation letters would indeed show that 5obina 6o3ongwei, company president, Alda 7glesia, the advertising manager, and 8rederic3 6o, the advertising director, directed and monitored the sales activities of petitioner. A-> ($0 of the 9abor code dened a 23>a 9:>"& ? s " =7" s 2a2! " :/"9 a-vs =7-7 a -ssa& a! !sa5> 7 3s3a> 53sss " a! "/ 7 9:>"& as a2as 7"s =7-7 a 3!a /" a s:-8- :"- " a sas"a>. )ven in these latter cases, where such person has rendered at least one year of service, regardless of the nature of the activity performed or of whether it is continuous or intermittent, the employment is considered regular as long as the activity eists, it not being indispensable that he be rst issued a regular appointment or be formally declared as such before acuiring a regular status. T7a :" :/"9! a-vs =7-7 = -ssa& a! !sa5> " 7 53sss "/ 7 9:>"&, a! 7a 7 sa9 = " /" 9" 7a a &a, -"3>! 7a!>& 5 !! . etitioner was an account eecutive in soliciting advertisements, clearly necessary and desirable, for the survival and continued operation of the business of respondent corporation. 5obina 6o3ongwei, its resident, herself admitted that the income generated from paid advertisements was the lifeblood of the newspapers eistence. 7mplicitly, respondent corporation recogni'ed petitioners invaluable contribution to the business when it renewed, not ;ust once but ve times, its contract with petitioner. Rs:"! -"9:a& -a" s /32 3! 7 9s "/ 7 a29 7as ! " =7 :" . T7 >a=, !82 7 -"a-3a> >a"s7:, !"s s", " -ssa>& " 6->3sv>& 3:" 7 9s "/ 7 = " "a> -"a-, 53 a>s" " 7 5ass "/ 7 a3 "/ 7 =" :" 7as 5 -a>>! 3:" " :/"9. The law a!ords protection to an employee, and it will not countenance any attempt to subvert its spirit and intent. A stipulation in an agreement can be ignored as and when it is utili'ed to deprive the employee of his security of tenure. The sheer ineuality that characteri'es employer-employee relations, where the scales generally tip against the employee, often scarcely provides him real and better options. A lawful dismissal must meet both substantive and procedural reuirements$ in ne, the dismissal must be for a ;ust or authori'ed
cause and must comply with the rudimentary due process of notice and hearing. 7t is not shown that respondent company has fully bothered itself with either of these reuirements in terminating the services of petitioner. T7 "- "/ 9a" -s " va>! " 3s -a3s /" 7 !s9ssa> "/ :" " !"s a::a 7a 7 7as 5 2v a "::"3& " 5 7a! 7s !/s.
WEREFORE, the instant petition is 65A
)T A>7=) and that of the 9abor Arbiter is 5)7<>TAT)= >0 05=)5)=.
