Cosmopolitan Funeral Homes vs. Maalat, 187 Scra 773

COSMOPOLITAN FUNERAL HOMES VS. MAALAT, MAALAT, 187 SCRA 773 FACTS: Petitioner Cosmopolitan Funeral Homes, Inc. engaged the services of private respondent respondent Noli Maalat as a "supervisor" to handle the solicitation solicitation of mortuary arrangements, arrangements, sales and collections. he funeral services !hich he sold refer to the taing of the corpse, em#alming, caseting, vie!ing and delivery. he private respondent !as paid on a commission #asis of $.%& of the amounts actually collected and remitted. 'n (anuary )%, )*+, respondent Maalat !as dismissed #y the petitioner for commission of several violations despite previous !arnings. Maalat -led a complaint for illegal dismissal and nonpayment of commissions. commissions. he /a#or 0r#iter rendered a decision declaring Maalat1s dismissal illegal. 'n appeal, the N/2C reversed the /a#or 0r#iter1s decision. ISSUE: Whether or not  !"#nerr$! %#&er'$%or $% n e(&)o*ee or  +o(($%%$on ent RULIN-: 3nder the "right of control" test, an employeremployee relationship e4ists !here the person for !hom the services are performed reserves the right to control not only the end to #e achieved, #ut also the manner and means to #e used in reaching that end. In the case at #ar, the fact that the petitioner imposed and applied its rule prohi#iting superiors from engaging in other funeral #usiness !hich it considered inimical to company interests proves that it had the right of control and actually e4ercised its control over the private respondent. In other !ords, Maalat !ored e4clusively for the petitioner. He !as also prohi#ited from engaging in parttime em#alming #usiness outside of the company and a violation thereof !as cause for dismissal. Incurring a#sences !ithout leave !as lie!ise su#5ect to disciplinary disciplinary action. Moreover, the payment payment of compensation #y #y !ay of commission does not militate against the conclusion that private respondent !as an employee.