This case has been cited 3 times or more.
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2014-07-28 |
DEL CASTILLO, J. |
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| 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 Tongko v. The Manufacturers Life Insurance Co. (Phils.), Inc.,[25] it was held that: To be sure, the Agreement's legal characterization of the nature of the relationship cannot be conclusive and binding on the courts; x x x the characterization of the juridical relationship the Agreement embodied is a matter of law that is for the courts to determine. At the same time, though, the characterization the parties gave to their relationship in the Agreement cannot simply be brushed aside because it embodies their intent at the time they entered the Agreement, and they were governed by this understanding throughout their relationship. At the very least, the provision on the absence of employer-employee relationship between the parties can be an aid in considering the Agreement and its implementation, and in appreciating the other evidence on record.[26] | |||||
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2014-03-12 |
ABAD, J. |
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| The Court held, in Tongko v. The Manufacturers Life Insurance Co. (Phils.), Inc.,[5] that, results-wise, the insurance company, as principal, can impose production quotas upon its independent agents and determine how many individual agents, with specific territories, such independent agents ought to employ to achieve the company's objectives. These are management policy decisions that the labor law element of control cannot reach. Petitioners' commitment to abide by Bandag's policy decisions and implementing rules, as franchisees does not make them its employees. | |||||
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2011-01-25 |
BRION, J. |
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| Even de Dios' letter is not determinative of control as it indicates the least amount of intrusion into Tongko's exercise of his role as manager in guiding the sales agents. Strictly viewed, de Dios' directives are merely operational guidelines on how Tongko could align his operations with Manulife's re-directed goal of being a "big league player." The method is to expand coverage through the use of more agents. This requirement for the recruitment of more agents is not a means-and-method control as it relates, more than anything else, and is directly relevant, to Manulife's objective of expanded business operations through the use of a bigger sales force whose members are all on a principal-agent relationship. An important point to note here is that Tongko was not supervising regular full-time employees of Manulife engaged in the running of the insurance business; Tongko was effectively guiding his corps of sales agents, who are bound to Manulife through the same agreement that he had with manulife, all the while sharing in these agents' commissions through his overrides.[21] | |||||