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Gregorio V. Tongko Vs. The Manufacturers Life Insurance Co. (Phils.), Inc. & Renato A Vergel De Dios [DISSENTING OPINION QUISIMBING]

GREGORIO V. TONGKO, Petitioner, versus THE MANUFACTURERS LIFE INSURANCE CO. (PHILS.), INC. and RENATO A. VERGEL DE DIOS, Respondents. [DISSENTING OPINION QUISIMBING]

G.R. No. 167622 | 2008-11-07

DISSENTING OPINION 


QUISUMBING, J.: 

With due respect, I cannot concur in the majority opinion. I vote to deny the petition and affirm the decision of the Court of Appeals holding that the National Labor Relations Commission had no jurisdiction over this case due to the absence of an employer-employee relationship between petitioner Gregorio V. Tongko and respondent Manufacturers Life Insurance Co. (Phils.), Inc. (Manulife). 

The majority opinion states that Manulife had the power of control over petitioner that would make him its employee. It advances several reasons that do not persuade me. 

In my view, two points...