G.R. No. 208451. February 3, 2016

'''G.R. No. 208451. February 3, 2016''' is part of the list of decisions made by the Supreme Court.

Case Details

 * Manila Memorial Park Cemetery Vs. Ezard D. Lluz, et al.
 * G.R. No. 173921/G.R. No. 173952. February 24, 2016
 * Justice xxx
 * http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/61635
 * xxx

Issue

 * The main issue for our resolution is whether or not an employer-employee relationship exists between Manila Memorial and respondents for the latter to be entitled to their claim for wages and other benefits.

Info
Failure to register shall give rise to the presumption that the contractor is engaged in labor-only contracting. For failing to register as a contractor, a presumption arises that one is engaged in labor-only contracting unless the contractor overcomes the burden of proving that it has substantial capital, investment, tools and the like.[21]

In this case, however, Manila Memorial failed to adduce evidence to prove that Ward Trading had any substantial capital, investment or assets to perform the work contracted for. Thus, the presumption that Ward Trading is a labor-only contractor stands. Consequently, Manila Memorial is deemed the employer of respondents. As regular employees of Manila Memorial, respondents are entitled to their claims for wages and other benefits as awarded by the NLRC and affirmed by the CA.

Decision
WHEREFORE, we DENY the petition. We AFFIRM the Decision dated 21 January 2013 and the Resolution dated 17 July 2013 of the Court of Appeals in CA-G.R. SP No. 119237.

Trivia
