Cabe Vs Tumang
Cabe Vs Tumang
Cabe Vs Tumang
Facts:
Samuel Tamayo agreed in March, 1979 to construct for the spouses Ronald Cabe
and Purita Cabe their residential house for P106,000 in accordance with the plans
and specifications prepared by an architect.
The Cabes dispensed with his services when he allegedly made certain deviations
from the plans. The house was finished by other persons.
Tamayo on June 28,1979 sued the Cabes in the Regional Office of the Department
of Labor in Laoag City for the recovery of P7,000 as payment of labor and
materials. He filed the case as head carpenter of his 18 co-workers, whose wages
he had advanced, and for reimbursement of materials which he had purchased
Issue:
Held:
Tamayo was an independent contractor and not an employee of the Cabes. The
Labor Regional Office and the National Labor Relations Commission had no
jurisdiction over his claim. Their jurisdiction is confined to claims arising from
employer-employee relationship