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respondents are not its employees and refused to submit the payroll and daily ti

me records despite the subpoena duces tecum issued by theRT employed Tinio as it
s GM for VISMIN Sales and Operations based in Cebu. Later, private respondent Ca
eg, Group Head, Sales and Distribution of SMART, under the supervision of co-res
pondent Martirez, informed petitioner of his new assignment as Sales Manager for
Corporate Sales in SMART s Head Office in Makati City.
Petitioner reported to SMART s Head Office and discussed with the HRD Group Head,
his job description, functions, responsibilities, salary and benefits, as well a
s options for relocation/transfer of his family to Manila. The next day, petitio
ner and Caeg met to discuss further details of petitioner s new position.
Thereafter, petitioner did not report for work. He instead filed a complaint for
constructive dismissal with claims for moral and exemplary damages and attorney s
fees against SMART and private respondents Caeg and Martirez. Caeg required pe
titioner to explain his continuing refusal to transfer to his new assignment, bu
t instead of giving an explanation, petitioner referred Caeg to his complaint fo
r constructive dismdination.
DOLE Regional Director. Petitioner further argued that the case should be referr
ed to the NLRC because the Regional Director has no
jurisdiction over the determination of the existence of employer-employee relati
onship which involves evidentiary matters that are not verifiable in
the normal course of inspection. Vexed by the respondents' complaint, petitioner
allegedly pressured and intimidated respondents. Respondents
Oberio and Delta were suspended for minor lapses and the payment of their salari
es were purportedly delayed. Eventually, on February 3, 1999,
pending the outcome of the inspection case with the Regional Director, responden
ts were barred by petitioner from reporting for work; thus, the
former claimed constructive dismissal.
with the avowed policy of the State to give maximum aid and protection of labor.
LABOR RELATIONS