ALEJO Al-LAGADAN
May 31, 1956/Concepcion, J.
By Cate Alegre
Summary
Alejandro Al-Lagadans parents wants to claim compensation under the
Workmens Compensation Act alleging that Viana was their sons employer.
SC remanded the case to the Commission to elicit further facts to establish
the ee-er relationship in this case.
Doctrine:
In determining the existence of employer-employee relationship,
the following elements are generally considered: (1) the selection
and engagement of the employee; (2) the payment of wages; (3)
the power of dismissal; and (4) the power to control the
employees conduct the most important element
Facts
Viana:
1) The gross income of his business for 1947 was less than P10,000
hence the case doesnt fall under the purview of Act No. 3428
2) Alejandro Al-Lagadan was, at the time of his death, his industrial
partner and not his employee
o The owner receives of the earnings and the is divided pro
rata among its members (4 parts to the patron or captain, 3 parts
to the piloto or next in command, 1 parts to the wheelsman
and 1 part each for the crew members)
Issues
1. WON the case falls under the purview of Act No. 3438
2. WON Al-Lagadan is Vianas employee REMANDED
Held
1. The first ground raised by Viana is untenable.
Viana did not invoke this before the rendition of the Referees decision
and was only made when he sought a review of the said decision by
the Workmens Compensation Commissioner.