Question 7, 2017 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

VII.

(Question VII, Labor Law, 2017 Bar Exam)

Dr. Crisostomo entered into a retainer agreement with AB Hotel and Resort whereby he would provide medical services to the guests and employees of AB Hoteland Resort, which, in turn, would provide the clinic premises and medical supplies. He received a monthly retainer fee of ₱60,000.00, plus a 70% share in the service charges from AB Hotel and Resort’s guests availing themselves of the clinic’s services. The clinic employed nurses and allied staff, whose salaries, SSS contributions and other benefits he undertook to pay. AB Hotel and Resort issued directives giving instructions to him on the replenishment of emergency kits and forbidding the clinic staff from receiving cash payments from the guests.

In time, the nurses and the clinic staff claimed entitlement to rights as regular employees of AB Hoteland Resort, but the latter refused on the ground that Dr. Crisostomo, who was their employer, was an independent contractor. Rule, with reasons. (4%)

Suggested Answer:

The nurses and the clinic staff are employees of Dr. Crisostomo. Answer

Under labor law jurisprudence, the four-fold test is used to ascertain the existence of an employer-employee relationship, using these factors: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the employee’s conduct, or the so-called “control test.” Of these four, the last one is the most important. Rule

In the case at bar, the nurses and the clinic staff were selected and engaged by Dr. Crisostomo. Their salaries and SSS contributions were being paid by Dr. Crisostomo. As the one who hired them, Dr. Crisostomo has the power to dismiss them. More importantly, Dr. Crisostomo exercised control over them in the performance of their work. Apply

Thus, it was incorrect for the clinic and staff to claim that they were regular employees of AB Hoteland Resort. Conclusion

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(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Subjects

Political Law, Labor Law

B. Powers, functions, and jurisdiction

Frequency: ★★★★☆ 1. Civil Service Commission (CSC) Civil Service. The Civil Service shall be administered by the Civil Service Commission. (Section 1[1], Part B, Article

H. Diplomatic power

Frequency: ★★★★☆ | Probability: ★★★☆☆ President – as sole organ and authority in external relations. In our system of government, the President, being the head

K. Anti-Wire Tapping Act

1. Crimes a. Illegal wire-tapping It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken

4. Penalties

Frequency: ★★☆☆☆ a. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) 1)

3. Interpretation of penal laws

Frequency: ★★★★☆ PRESUMPTION OF INNOCENCE: In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. (Section 14[2], Article III, 1987

G. Anti-Plunder Act

Frequency: ★★★★★ “Public Officer” – means any person holding any public office in the Government of the Republic of the Philippines by virtue of an

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