Myla Ruth N. Sara
SSS vs. CA FACTS: SSS and petitioners filed with the Social Security Commission seeking to be declared as employees of COSMOS. The petitioners here are peddlers of Mafinco. Mafinco contended that they are independent contractors. ISSUE: W/N there exists an employer-employee relationship HELD: No. Under the peddling contract, Mafinco would provide the peddler with a delivery truck and the peddler is responsible for compensation of his driver and helpers. In addition, the peddler would also bear the cost of gasoline and maintenance of the truck and secure their licenses and permits. The petitioner would also post a cash bond and the contract may be terminated upon 5 days prior notice. On the basis of the peddling contract, no employer-employee relationship was created. Thus, the petitioner is an independent contractor.