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    FACTS: Manufacturers Life Insurance Co. (Phils.), Inc. Is A Domestic Corporation

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    Freah Genice Tolosa
    1) Gregorio Tongko worked for Manufacturers Life Insurance Co. (Manulife) for many years, rising to the position of Regional Manager. In 2001, Manulife instituted manpower programs and terminated Tongko's agency agreement. 2) Tongko filed a complaint for illegal dismissal with the National Labor Relations Commission (NLRC), which ruled in his favor. However, the Court of Appeals found no employer-employee relationship existed. 3) The Supreme Court initially ruled in Tongko's favor but later reversed its decision. Tongko filed a motion for reconsideration. The Supreme Court found that Manulife did not exercise the level of control over Tongko required to constitute an employer-employee relationship

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    FACTS: Manufacturers Life Insurance Co. (Phils.), Inc. Is A Domestic Corporation

    Uploaded by

    Freah Genice Tolosa
    40 views1 page
    1) Gregorio Tongko worked for Manufacturers Life Insurance Co. (Manulife) for many years, rising to the position of Regional Manager. In 2001, Manulife instituted manpower programs and terminated Tongko's agency agreement. 2) Tongko filed a complaint for illegal dismissal with the National Labor Relations Commission (NLRC), which ruled in his favor. However, the Court of Appeals found no employer-employee relationship existed. 3) The Supreme Court initially ruled in Tongko's favor but later reversed its decision. Tongko filed a motion for reconsideration. The Supreme Court found that Manulife did not exercise the level of control over Tongko required to constitute an employer-employee relationship

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    tongko vs nlrc

    Original Title

    Tongko v

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    1) Gregorio Tongko worked for Manufacturers Life Insurance Co. (Manulife) for many years, rising to the position of Regional Manager. In 2001, Manulife instituted manpower programs and terminated Tongko's agency agreement. 2) Tongko filed a complaint for illegal dismissal with the National Labor Relations Commission (NLRC), which ruled in his favor. However, the Court of Appeals found no employer-employee relationship existed. 3) The Supreme Court initially ruled in Tongko's favor but later reversed its decision. Tongko filed a motion for reconsideration. The Supreme Court found that Manulife did not exercise the level of control over Tongko required to constitute an employer-employee relationship

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views1 page

    FACTS: Manufacturers Life Insurance Co. (Phils.), Inc. Is A Domestic Corporation

    Uploaded by

    Freah Genice Tolosa
    1) Gregorio Tongko worked for Manufacturers Life Insurance Co. (Manulife) for many years, rising to the position of Regional Manager. In 2001, Manulife instituted manpower programs and terminated Tongko's agency agreement. 2) Tongko filed a complaint for illegal dismissal with the National Labor Relations Commission (NLRC), which ruled in his favor. However, the Court of Appeals found no employer-employee relationship existed. 3) The Supreme Court initially ruled in Tongko's favor but later reversed its decision. Tongko filed a motion for reconsideration. The Supreme Court found that Manulife did not exercise the level of control over Tongko required to constitute an employer-employee relationship

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    FREAH GENICE A.

    TOLOSA LLB-1C LABOR LAW 1

    July 12, 2016

    Tongko v. The Manufacturers Life Insurance & de Dios


    FACTS: Manufacturers Life Insurance Co. (Phils.), Inc. is a domestic corporation
    engaged in life insurance business. Renato A. Vergel De Dios was, during the period material, its
    President and Chief Executive Officer. Gregorio V. Tongko started his professional relationship
    with Manulife on July 1, 1977 by virtue of a Career Agent's Agreement he executed with
    Manulife.
    In 1983, Tongko was named as a Unit Manager in Manulife's Sales Agency Organization.
    In 1990, he became a Branch Manager. He was thereafter promoted to Regional Manager. The
    problem started sometime in 2001, when Manulife instituted manpower development programs
    in the regional sales management level. The MANULIFE gave him a notice of termination in his
    agency agreement as effective fifteen days from the date of the letter.
    Therefrom, Tongko filed a Complaint with the National Labor Relations Commission
    (NLRC) against Manulife for illegal dismissal.
    NLRC rendered Tongko to have been illegally dismissed. In the said decision, the court
    said that MANULIFE gave directives or orders that are intended to directly affect complainant's
    authority and manner of carrying out his functions as Regional Sales Manager.
    Thus, Manulife filed an appeal with the CA. CA issued the assailed Decision dated March
    29, 2005, finding the absence of an employer- employee relationship between the parties and
    deeming the NLRC with no jurisdiction over the case. The CA arrived at this conclusion while
    again applying the four-fold test. The CA found that Manulife did not exercise control over
    Tongko that would render the latter an employee of Manulife.
    The Supreme Court reversed the ruling of the Court of Appeals and ruled in favor of
    Tongko. However, the Supreme Court issued another Resolution dated June 29, 2010, reversing
    its decision. Tongko filed a motion for reconsideration, which is now the subject of the instant
    case.
    ISSUE: Whether the Supreme Court erred in issuing the June 29, 2010 resolution, reversing its
    earlier
    decision
    that
    an
    employer-employee
    relationship
    existed.
    HELD: The Supreme Court finds no reason to reverse the June 29, 2010 decision. Control over
    the performance of the task of one providing service both with respect to the means and manner,
    and the results of the service is the primary element in determining whether an employment
    relationship exists. The Supreme Court ruled petitioners Motion against his favor since he failed
    to show that the control Manulife exercised over him was the control required to exist in an
    employer-employee relationship; Manulifes control fell short of this norm and carried only the
    characteristic of the relationship between an insurance company and its agents, as defined by the
    Insurance Code and by the law of agency under the Civil Code.
    Control do not merely relate to the mutually desirable result intended by the contractual
    relationship; they must have the nature of dictating the means and methods to be employed in
    attaining the result. Manulifes instructions regarding the objectives and sales targets are the
    targeted results that Manulife wishes to attain through its agents and it did not intrude into the
    insurance agents means and manner of conducting their sales.

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