Transcribed by: Regina Phalange Salesman Peddler

They both sell

Example: let’s say balikbayan ka and you saved money and Does not bring along what Brings long what he is
then you decided to add a new extension to your house. You he sells selling
looked for a master carpenter.
To go around, he needs a
local business permit. Pero
kasagaran sa mga peddler,
Q: what is your relationship with the workers and contractors of wala na silay business
the master carpenter? permit so sa hapon duolon
na sila sa city hall,
magbayad sila ug stamps.
A: The relationship is casual. You just want a new bedroom.
You are not engaged in construction. You cannot be held as a
regular employer of these carpenters, masons plumbers that the Pero kung imong baligya
contractor hired. sophisticated na kaayo
magbayad na ka ug
peddler’s permit.
In carro, they were employees because they were involved in
activities necessary to usual trade and business of employer.
Q: kanang gasuroy suroy, is he an employee of the product that he
sells? Or is he an independent peddler salesman?
Note: DOLE has a specific department covering construction.
A: that is the case of Snowhite Ice cream vs Garcia.

Let’s say you are a construction company. You win the contract
with marco polo to construct a 14 storey building. Ikaw as a
construction company you just have a core of engineers. But as
to the nitty gritty manpower, you do not have it. You send them
to davao and the job is to create a workforce of 200 people from Snow White Ice Cream vs. Garcia
zero.

Facts: Snow White was engaged in the selling of ice

Q: Are these workers your employees? cream through push carts. (kinsay tag iya sa ice cream
cart, sa ice, sa asin, sa ice cream? si snow white!)
A: there are 2 kinds of construction workers of a construction
company as specified in the DOLE:

Garcia was a peddler. He was paid 2 centavos for every

ice cream he sold at 5 centavos each.
Pool workers Project workers

Regular and hired Hired for specific project so

regardless of any that their engagement is While preparing his pushcart, a block of ice dropped on
construction project coterminous with that Garcia’s foot. After 1 week he returned to work. But while
particular project. Human he was pushing his cart along his usual route, the same
ana, goodbye. foot was caught in a barbed wire and became infected.
His leg was amputated. Later on Garcia died.
Not given separation pay,
you were co extensive with
the project
Snow White denied emploeyer-employee relationship
under the Workmens Compensation law. Ana sila, he was
an independent contractor. He buys it from them at 3
cents and sells it for 5.
Q: What outfit is the best at hiring and firing?

A: The science of hiring and firing was perfected by the military. Issue: can his wife collect workmen’s compensation from
snow white ice cream?

Roving independent peddler vs. Salesman

Ruling: SC said he is not an independent contractor.
There is er-ee relationship. Snow White supplied push
carts, ice, ice cream, salt and cap. There was no transfer
of ownership of the ice cream products because at the
end of the day, he can return the ice drop so ownership
was not transferred to him.

Mafinco Trading vs. Ople

Facts: Truck carrying sarsaparilla. they had a fleet of

trucks with their own drivers subsequently the drivers
agreed to resign as they were given early retirement.
Sarsaparilla put up mafinco which employed these drivers
and made them sign peddler’s contract.

Peddling Contract:

(a) There is an option that the peddler has a choice to can

hire their own driver and assistant helper and if he does
not drive, he will be the third member of the team that
constitutes one truck.

(b) Peddler would buy and sell the softdrinks;

(c) Peddler would post a bond:

1. in favor of Mafinco for any damage to its trucks or

unpaid salaries of the peddler’s workers and

2. another bond for the social security benefits of the

peddler’s workers;

(d) Peddler would secure its own business permits and

licenses;

(e) Mafinco would provide the trucks, fuel and

maintenance; and

(f) Peddler would liquidate his accounts each day.

Mafinco drivers sought to form a union

Q: is there an employer and employee relationship?

A: There is NO employer employee relationship

The relationship is as it was defined in the contract.

When the terms of the agreement are reduced to writing,
there is no other evidence to define the relationship except
the terms of the agreement. This is a conclusive
presumption following the PAROLE EVIDENCE RULE.

Rationale: if you can still invoke other sources outside the

contract, what is the use of the contract?