Royal Homes Marketing Corp vs. Alcantara

G.R. No.
195190
July 28, 2014
ROYALE HOMES MARKETING CORPORATION vs. FIDEL P. ALCANTARA

Case Doctrine: Not every form of control that a hiring party imposes on the hired
party is indicative of employee-employer relationship. Rules and regulations that
merely serve as guidelines towards the achievement of a mutually desired result
without dictating the means and methods of accomplishing it do not establish
employer-employee relationship.
Facts: Royale Homes, a corporation engaged in marketing real estates, appointed
Alcantara as its Marketing Director for a fixed period of one year. His work consisted
mainly of marketing Royale Homes real estate inventories on an exclusive basis.
Royale Homes reappointed him for several consecutive years, the last of which
covered the period January 1 to December 31, 2003.
Alcantara filed a Complaint for Illegal Dismissal against Royale. Alcantara alleged
that he is a regular employee of Royale Homes since he is performing tasks that are
necessary and desirable to its business and that the acts of the executive officers of
Royale Homes amounted to his dismissal from work without any valid or just cause
and in gross disregard of the proper procedure for dismissing employees.
Royale Homes, on the other hand, vehemently denied that Alcantara is its
employee. It argued that the appointment paper of Alcantara is clear that it
engaged his services as an independent sales contractor for a fixed term of one
year only. He never received any salary, 13th month pay, overtime pay or holiday
pay from Royale Homes as he was paid purely on commission basis. In addition,
Royale Homes had no control on how Alcantara would accomplish his tasks and
responsibilities as he was free to solicit sales at any time and by any manner which
he may deem appropriate and necessary. According to Royale Homes, Alcantara
decided to leave the company after his wife, who was once connected with it as a
sales agent, had formed a brokerage company that directly competed with its
business, and even recruited some of its sales agents. Two months after he
relinquished his post, however, Alcantara appeared in Royale Homes and submitted
a letter claiming that he was illegally dismissed.
The Labor Arbiter rendered a Decision holding that Alcantara is an employee of
Royale Homes and that the pre-termination of his contract was against the law. The
NLRC rendered its Decision, ruling that Alcantara is not an employee but a mere
independent contractor of Royale Homes. It based its ruling mainly on his
employment contract. The CA promulgated its Decision granting Alcantaras Petition
and reversing the NLRCs Decision. Applying the four-fold and economic reality
tests, it held that Alcantara is an employee of Royale Homes.
Issue: Whether or not Alcantara was an independent contractor or an employee of

Royale Homes.
Held: The primary evidence of the nature of the parties relationship in this case is
the written contract that they signed and executed in pursuance of their mutual
agreement. While the existence of employer-employee relationship is a matter of
law, the characterization made by the parties in their contract as to the nature of
their juridical relationship cannot be simply ignored, particularly in this case where
the parties written contract unequivocally states their intention at the time they
entered into it. In this case, the contract, duly signed and not disputed by the
parties, conspicuously provides that "no employer-employee relationship exists
between" Royale Homes and Alcantara, as well as his sales agents. It is clear that
they did not want to be bound by employer-employee relationship at the time of the
signing of the contract.
In determining the existence of an employer-employee relationship, this Court has
generally relied on the four-fold test, to wit: (1) the selection and engagement of the
employee; (2) the payment of wages; (3) the power of dismissal; and (4) the
employers power to control the employee with respect to the means and methods
by which the work is to be accomplished.
However, not every form of control is indicative of employer-employee relationship.
A person who performs work for another and is subjected to its rules, regulations,
and code of ethics does not necessarily become an employee. As long as the level
of control does not interfere with the means and methods of accomplishing the
assigned tasks, the rules imposed by the hiring party on the hired party do not
amount to the labor law concept of control that is indicative of employer-employee
relationship. In Insular Life Assurance Co., Ltd. v. National Labor Relations
Commission it was pronounced that:
Logically, the line should be drawn between rules that merely serve as guidelines
towards the achievement of the mutually desired result without dictating the means
or methods to be employed in attaining it, and those that control or fix the
methodology and bind or restrict the party hired to the use of such means. The first,
which aim only to promote the result, create no employer-employee relationship
unlike the second, which address both the result and the means used to achieve it.
Notably, Alcantara was not required to observe definite working hours. Except for
soliciting sales, Royale Homes did not assign other tasks to him. He had full control
over the means and methods of accomplishing his tasks as he can "solicit sales at
any time and by any manner which [he may] deem appropriate and necessary." He
performed his tasks on his own account free from the control and direction of Royale
Homes in all matters connected therewith, except as to the results thereof. This
Court is, therefore, convinced that Alcantara is not an employee of Royale Homes,
but a mere independent contractor.

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What factors are considered in determining whether a relationship is one of employer-employee or independent contractor?

What test did the court apply in this case to determine the nature of the relationship?

G.R. No.

July 28, 2014

ROYALE HOMES MARKETING CORPORATION vs. FIDEL P. ALCANTARA

Issue: Whether or not Alcantara was an independent contractor or an employee of

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