G.R. No. 83402 Case Digest

G.R. No. 83402, October 6, 1997
Algon Engineering Const. Corp. and Alex Gonzales, petitioners
vs NLRC and Jose Espinosa, respondents
Ponente: Hermosisima

Facts:
This is a petition for certiorari assailing the resolution of NLRC dismissing their appeal and denying their  motion for reconsideration and affriming the Labor arbiter's findings that Espinosa is an employee of Algon.

Algon as standard operating procedure of their construction business entered into a lease of contract with Espinosa for the storage and parking of their heavy equipment in exchange for a storage or parking fee. 

Espinosa claims that he was hired by Algon to be a watchman with the duty of guarding the heavy equipment in other house spaces his area from 6pm to 6am. This was affirmed by Labor arbiter, finding that Algon pays Espinosa P20 on a daily basis as watchman.

Algon then appealed to the NLRC, arguing that Algon did not hire Espinosa, the relationship is merely that of leased storage or parking space. But NLRC affirmed the Labor Arbiter on the same basis.

Ruling: Petition with no merit.

(1) Cash vouchers issued by Algon as payment to Espinosa illustrate that Espinosa was paid not only for the storage and parking in his premisess but also with the other storage of Algon. (2) Algon's memorandum issued to Espinosa citing him for the loss of 4 batteries is sufficient to prove the existence of en employer-employee relationship as well. The two evidence fulfilling the elements of employer-employee relationship: (1) selection and engagement of the employee; (2) payment of wages; (3) power of dismissal; and (4) employer's own power to control employee's conduct.

Issue: Existence of an employee-employer relationship between Algon and Espinosa