ORLANDO FARM GROWERS ASSOCIATION/GLICERIO AÑOVER vs.NLRC (5th Division) (by Cris Figueroa) GR No. 129076 November 25, 1998 -
Facts: 1.
Petiti Petitione onerr Orlando a ndo Farm Farm Grower Growerss Associ Associati ation on (Anov (Anover er is the preside president) nt) is an association of landowners engaged in the production of export quality bananas located located in Kinamayan, Kinamayan, Sto. Tomas, Tomas, Davao del Norte, established established for the sole purpose purpose of dealing ng collectively ectively with Stanfilco Stanfilco on matters matters concernin concerningg technical technical services, canal maintenance, irrigation and pest control, among others.
Ratio: -
2.
3.
Respon Responden dents ts (about (about 20 complai complainan nants) ts) were hired hired as farm workers workers by severa severall member-landowners but, nonetheless, were made to perform functions as packers and harvesters in the plantation of petitioner association.
The law does not require an employer to be registered before he may considered as one within the definition of the Labor Code. o
Art 212 (e) of the Labor Code defines an employer as any person acting in the interest of an employer, directly or indirectly
January January 8, 1993 – July 30, 30, 1994 –responden –respondents ts were dismis dismissed sed on various ous dates. dates. Thus, they filed against petitioner for illegal dismissal and monetary benefits.
4.
YES. Petition is DISMISSED. DISMISSED. NLRC judgment affirmed but remanded back to Labor Arbiter Sancho to specify the amount each respondent is entitled to.
Petitioner’s liabilities liabilities to complainants are joint and solidary, with its responsible officers.
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To determine determine the existence existence of employer oyer – employee employee relationship relationship (Filipinas ipinas Broadcasting Network v. NLRC):
Septe eptem mber ber 6, 1995 1995 – LABOR ARBITER SANCHO : ordered ordered reinstatement of respondents and payment of backwages and other benefits o
Note: 2 complainants eventually dropped their case (Loran Paquit and LovillaDorlones) because they were able to amicably settle their claims.
5.
December December 26, 1996 1996 - NLRC – affirm affirmed ed decision decision of LA and and denied denied the motion on for reconsideration.
6.
Petitione Petitionerr contends contends that being an unregiste unregistered red associati association on and having having been formed formed solely to serve as an effective medium for dealing collectively with Stanfilco and not existing in law, it cannot be considered an employer.
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The mann manner er of selec selectio tionn and engag engagem ement ent
2.
Paym Paymen entt of of wag wages es
3.
Presence Presence or absence absence of the the power power of dismissal dismissal
4.
Presence Presence or absence absence of of the power of control control (most (most importa important nt element element
Evidence to support existence of employer – employee relationship: o
Issue: Whether Whether or not an unregister unregistered ed association on may be an employer employer independent independent of the respective members it represents
1.
o
During During the subsi subsiste stence nce of the associ associati ation, on, severa severall circul circulars ars and memoranda memoranda were issued issued concerning concerning,, among among other things, absences absences without formal request, loitering in the work area and disciplinary measures with which every worker is enjoined to comply. The employees were issued IDs.
Held:
In Domasig v. NLRC, the issuance of ID was held to be not only as a security measure but mainly to identify the holder as a bonafide employee of the firm
o
The power of the petitioner to enter into compromise agreements involving money claims filed by three employees, namely: Lorna Paquit, LovellaDorlones and Jasmine Espanola.
o
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The association exceeded the purpose it was initially established for when it did the above mentioned acts. Thus, it is considered an employer.