Back

Pan Pacific Industrial Sales, Co., Inc. Vs. National Labor Relations Commission, Et Al.

PAN PACIFIC INDUSTRIAL SALES, CO., INC., petitioner, vs. THE NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION), and ESTEBAN C. COMILANG, SR., as substituted by ILUMINADA COMILANG, respondents. Senen S. Burgos for petitioner. Cabato Law Office for private respondent.

G.R. No. 96191 | 1991-03-04

D E C I S I O N


CRUZ, J.:

The main issue raised in the petition is whether or not an employer-employee relationship existed between the petitioner and the private respondent.

Esteban C. Comilang, Sr. (hereinafter referred to as the private respondent) was hired as a "Safety Consultant" by petitioner Pan Pacific Industrial Sales Co., Inc. on September 1, 1975. He worked with the company until November 1981, when his services were terminated by petitioner on the ground of "depressed market condition resulting in low sales yield."

On February 16, 1982, he filed a complaint for illegal dismissal, non-payment of 13th month pay, ECOLA, and...