AQUINAS SCHOOL, petitioner, vs. SPS. JOSE INTON and MA. VICTORIA S. INTON, on their behalf and on behalf of their minor child, JOSE LUIS S. INTON, and SR. MARGARITA YAMYAMIN OP, respondents
G. R. No. 184202 January 26, 2011
FACTS:
Respondent Sister Margarita Yamyamin began teaching religion
at Aquinas School on June 1998. She taught Jose Luis’ grade 3 religion class.
While Yamyamin was writing on the blackboard, Jose Luis left
his assigned seat and went over to a classmate to play a prank on him. Yamyamin
noticed this and sent Jose Luis back to his seat. After some time, Jose Luis
got up again and went over to the same classmate. Unable to tolerate the
child’s behavior, Yamyamin approached Jose Luis and kicked him on the legs
several times. She also pulled and shoved his head on the seat. Finally, she
told the child to stay where he was on that spot of the room and finish copying
the notes of the blackboard while seated on the floor.
As a result of the incident, the parents, Jose and Victoria
Inton filed an action for damages on behalf of their son Jose Luis against
Yamyamin and Aquinas.
When the case was elevated to the CA, the CA, finding that
an employer-employee relation existed between Aquinas and Yamyamin, held them
solidarily liable to Jose Luis.
ISSUE:
Whether or not Aquinas should be held solidarily liable with
Yamyamin for the damages awarded to Jose Luis.
RULING:
The Court applied the “four-fold test” in this case to
determine the existence of an employer-employee relationship: the employer (a)
selects and engages the employee; (b) pay his wages; (c) has power to dismiss
him and (d) has control over his work. Of these, the most crucial element is
CONTROL. Control refers to the right of the employer, whether actually
exercised or reserved, to control the work of the employee as well as the means
and methods by which he accomplishes the same.
In this case, the school directress testified that Aquinas
had an agreement with a congregation of sisters to send religion teachers to Aquinas to
provide catechesis to its students in fulfillment of the congregation’s
ministry. Aquinas insists that it was not the school but Yamyamin’s religious
congregation that chose her for the task of catechizing the school’s grade
three students.
Under the circumstances, it was quite evident that Aquinas
did not have control over Yamyamin’s teaching methods.
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