REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
National Capital Region
Quezon City
RODEL,
Complainant,
- versus -

NLRC Case No.

For: Illegal Dismissal

RAQUEL,
Respondent.
x-------------------------------------------------x
ANSWER
The RESPONDENT, by the undersigned counsel, respectfully submits to this Honorable
Office this Answer, to wit:

PRELIMINARY STATEMENT
Complainants cause of action against herein respondent is devoid of any merit

THE PARTIES
The Complainant is RODEL, a skilled carpenter hired by the respondent, of legal age,
Filipino and with address at 123 B Tahimik Street, Barangay Ugong, Valenzuela City where he
could be served with summons and other legal processes of this Honorable Office.
The Respondent is RAQUEL, of legal age, Filipino and with address at 63 Scout
Chuatoco, Roces Avenue, Quezon City where she could be served with summons and other legal
processes of this Honorable Office.

STATEMENT OF THE FACTS AND THE CASE

Herein respondent (Raquel) hired herein complainant (Rodel), a skilled carpenter, to
make repairs of the formers leaking roof. Raquel told complainant to replace the rusted GI
sheets, giving instructions that she wants the best materials to be used and to paint it with brightcolored paint.
ISSUE
Whether or not Rodel was ILLEGALLY DISMISSED, without due process of law making him
entitled to full backwages and full benefits provided by the Labor Code.

ARGUMENTS
Employee Employer Relationship
To ascertain the existence of an employer employee relationship, the four factors in
determining if there is an employer-employee relationship are: The power to hire, The power to
pay, The power to dismiss and The power to control (most important in determining employeremployee relationship)
Based on the aforementioned facts it was evident that Raquel was able to hire Rodel to be
her carpenter, gave him the amount of Ten Thousand Pesos (P10,000), and fired him, making the
power to hire, to pay, and to dismiss present. However, the power to control the manner of how
Rodel should do his work is out of the control of Raquel which proves that an EmployerEmployee Relationship does not exist.
The petitioners were contractual employees and/or independent talent workers also he
was free-lance individuals, performing special services with skills and expertise inherently
exclusive to him such that he was treated as a special type of worker.
Hence, there is no Employer-Employee Relationship between the parties.
RELIEFS SOUGHT
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable
Office to dismiss the instant complaint for utter lack of merit.
Other reliefs just and equitable under the premises are likewise prayed for.
RESPECTFULLY SUBMITTED
Quezon City, December 9, 2016.
The Law Firm of:
DE RUEDA LAW OFFICE
Camia St. Geronimo, Rodriguez, Rizal
By:
BONNALYN FLORES DE RUEDA
Counsel for the Respondent
PTR NO. 45031094/01-03-09/Q.C.
IBP NO. 802989/01-03-09/Q.C.
Roll of Attorneys No. 409022
MCLE Compliance No. III-001758
June 01, 2015

Copy furnished:
ATTY. JUAN D. MAKUNAT
122 SAMPAGUITA ST. BULACAN
EXPLANATION

Copy of this Position Paper was sent by registered mail to the adverse party, instead of
personal service as required by the rules, because of the lack of personnel on the part of the
undersigned counsel to effect such personal service.

ATTY. BONNALYN FLORES DE RUEDA