Myla Ruth N. Sara
PRC vs. CA FACTS: PRC is engaged in the business of extracting and refining oil from copra. Respondent Garcia started to work as a copra carrier and was later promoted as a foreman with 21 or 22 men working under him in pakiao arrangements. These pakiao workers unloaded copra from trucks, stored it in the company and delivered it.
Later, the pakiao arrangements were formalized in writing and Garcia was given
authority to choose and hire men. For their salary, the money is being given to Garcia and he will distribute it to laborers. The work of the 22 laborers is essential, permanent and indispensable in the company’s business. However, PRC did not report them to SSS for coverage, believing that Garcia is an independent contractor and the laborers were his own employees. Thus, the laborers filed a complaint against PRC. ISSUE: W/N an intervening employer is an independent contractor obliged to register his workers in the SSS
HELD: No. Under the control test, it ascertains whether the employer controls or has reserved the right to control the employee not only as to the result of the work to be done but also as to the means and methods by which the same is accomplished. The company ordered the independent contractor where to store copra, when to bring it out, how much to load and what class of copra to handle. Mr. Garcia had no office of his own and no independent funds to pay the laborers. He was completely dependent of the appellant. Thus, the control test has met in the case at bar. Wherefore, petition is dismissed.