ISABEL V. SAGUINSIN, vs. DIONISIO LINDAYAG, ET AL., Facts: On November 10, 1959 Maria V. Lindayag died intestate in Olongapo, Zambales. On May 27, 1960 her sister, Isabel V. Saguinsin, filed with the CFI a verified petition for the issuance of letters of administration of Maria. Isabel alleged that Maria left real and personal properties in the provinces of Zambales and Bulacan worth approximately P100,000 and that her surviving heirs were: (1) Dionisio Lindayag, husband (2) Isabel V. Saguinsin sister (3) Aurora V. Sacdalan, sister, and (4) Ines V. Calayag, sister and that, as far as petitioner knew, the decedent left no debts at the time of her death. Dionisio(husband of Maria) in his behalf and in representation of the minors Jesus, Concepcion, and Catherine, all surnamed Lindayag filed a motion to dismiss alleging that Isabel lack of interest in the estate, she being neither the heir nor the creditor. He alleged that Maria was survived by him and legally adopted minor children named Jesus, Concepcion, and Catherine, all surnamed Lindayag, the descendent having left no legitimate, natural or illegitimate child. A certified true copy of the decision of the Justice of the Peace of Olongapo, Zambales, dated July 6, 1953 decreeing the adoption of said minors by the descendent and her husband was attached to the motion. Issue: Whether or not Isabel is “an interested person” Held: No, she is not an heir of her deceased sister and, therefore, has no material and direct interest in her estate. Where it is undisputed that the decedent left a husband and three legally adopted children, a petition for issuance of letters of administration in favor of the sister of said decedent was properly dismissed for lack of interest in the estate, she being neither an heir nor a creditor thereof. An interest party has been defined in this connection as one who would be benefited by the estate, such as an heir, or one who has a claim against the estate, such as a creditor. And it is well settled in this jurisdiction that in civil actions as well as special proceedings, the interest required in order that a person may be a party thereto must be material and direct, and not merely indirect or contingent.
NELLY ACTA MARTINEZ, vs. NATIONAL LABOR RELATIONS COMMISSION, DOMINADOR CORRO, PASTOR CORRO, CELESTINO CORRO, LUIS CORRO, EREBERTO CORRO, JAIME CRUZ, WENCESLAO DELVO, GREGORIO DELVO, HERMEJIAS COLIBAO, JOSE OGANA and ALONSO ALBAO Facts: The private respondents alleged that they have been regular drivers of Raul Martinez since 20 October 1989 earning no less than P400.00 per day driving twenty-four (24) hours every other day. For the duration of employment, not once did they receive a 13th month pay. After the death of Raul Martinez, petitioner took over the management and operation of the business. On orabout 22 June 1992 she informed them that because of difficulty in maintaining the business, she was selling the units together with the corresponding franchises. However, petitioner did not proceed with her plan; instead, she assigned the units to other drivers. Issue: Whether there is employer-employee relationship in “boundary system”
HELD: The Court ruled that the relationship between jeepney owners/operators on one hand and jeepney drivers on the other under the boundary system is that of ER-EE and not of lessor-lessee. Therein we explained that in the lease of chattels the lessor loses complete control over the chattel leased although the lessee cannot be reckless in the use thereof, otherwise he would be responsible for the damages to the lessor. In the case of jeepney owners/operators and jeepney drivers, the former exercise supervision and control over the latter. The fact that the drivers do not receive fixed wages but get only that in excess of the so-called "boundary" they pay to the owner/operator is not sufficient to withdraw the relationship between them from that of employer and employee. The doctrine is applicable by analogy to the present case. Thus, private respondents were employees of Raul Martinez because they had been engaged to perform activities which were usually necessary or desirable in the usual business or trade of the employer. The rule is settled that unless expressly assumed, labor contracts are not enforceable against the transferee of an enterprise. In the present case, petitioner does not only disavow that she continued the operation of the business of her son but also disputes the existence of labor contracts between her son and private respondents. The reason for the rule is that labor contracts are in personam, and that claims for backwages earned from the former employer cannot be filed against the new owners of an enterprise. Nor is the new operator of a business liable for claims for retirement pay of employees. cTADCH
