Zacarias, Bryan Clark B.

2015110484

2017 Commented [Y1]:

I. (a) The question is a purely theoretical question. It does not require analysis on the part of
the examinee. It is answerable by only using memory work

Answer: The accepted test is the four-fold test. This test looks into the four elements of an
employment relationship namely: the selection and engagement of employee, payment of
wages, power of dismissal, and the control of the employer over the employee.

(b) Following the question on (a), this has insufficient facts for the examinee to apply the
test previously answered. At most, it only tests the examinee’s knowledge of jurisprudence, not
the application of the four-fold test.

Answer: There is employer-employee relationship between the operator and the driver of the
jeepney. As held in several jurisprudence, the jeepney operator has control over the jeepney
driver, as regards the route prescribed, and the manner of driving. The fact that no fixed wage
is given, and only the excess of the boundary is received by the jeepney driver is not enough to
negate the employment relationship.

2016

XIII. The question is sufficiently provided instances that comply with the elements of an
employment relationship. Upon careful reading of the question, each element is shown by the
conditions and circumstances given.

Answer: The boys were employees of Matibay Shoe. Matibay Shoe had selected and engaged
the services of the boys by issuing IDs. The boys were paid by Matibay Shoe’s cashier at the end
of the day. Matibay Shoe has the power to dismiss them by barring them from shining in case of
customer complaint or violation of company rules. And lastly, they have control over the boys
as they dictate the time when they are supposed to conduct their work, even though the
management does not interfere with the manner of how they work.

2015
V. The question is vague. It states that the DSWD charged her with violating the law that
prohibits work by minors. However, the question did not state whether it is the Labor Code or
the Kasambahay Law that is the basis of DSWD. Furthermore, aside for the fact that DSWD
charged Soledad with such violation, there was insufficient facts as regards its nature or cause.

Answer: Soledad’s defense is meritorious. The Kasambahay Law excludes children under foster
family arrangement and are provided access to education and given allowances incidental to
education. The four-fold test of employment relationship should not be applied to determine
employment since there is a specific law for the employment of persons working for the
household.
2014
XIII. The question has insufficient facts. It does not provide whether Lando is typically engaged
in gardening or offers his services for such in order to identify whether he is an employee or an
independent contractor. The question is also insufficient as regards the elements of an
employment relationship.

Answer: No. There was no employer-employee relationship. The four-fold test was not
completed. The question does not state whether there was payment of wages of any kind, nor
was there any control over Lando as regards when to finish the job and how the job should be
done.

2010
2. The form of the question being a true or false question does not engage the examinee’s
critical thinking and analysis. It’s explanation, at most, requires the examinee to give principles
of labor law, without testing how such principles apply.

Answer: False. It is well-settled in jurisprudence that the relationship between employer and
employee is imbued with public interest. The State, through police power, has the power and
duty to protect the rights of laborers. Hence, an employer-employee relationship is not purely
contractual because the State may interfere unto the relationship and impose conditions on
both parties.