LEO V. MAGO AND LEILANIE E. COLOBONG, Petitioners, v.

SUN POWER MANUFACTURING LIMITED

G. .R. No. 210961, January 24, 2018

1. Jobcrest is a legitimate and independent contractor

Article 106 of the Labor Code defines labor-only contracting as a situation

"where the person supplying workers to an employer does not have substantial
capital or investment in the form of tools, equipment, machineries, work
premises, among others, and the workers recruited and placed by such person are
performing activities which are directly related to the principal business of
such employer."58

DOLE Department Order (DO) No. 18-02, the regulation in force at the time of
the petitioners' assignment to Sunpower, reiterated the language of the Labor
Code:

Section 5. Prohibition against labor-only contracting. x x x [L]abor-only

contracting shall refer to an arrangement where the contractor or subcontractor
merely recruits, supplies or places workers to perform a job, work or service
for a principal, and any of the following elements are present:

i) The contractor or subcontractor does not have substantial capital or

investment which relates to the job, work or service to be performed and
the employees recruited, supplied or placed by such contractor or
subcontractor are performing activities which are directly related to
the main business of the principal; or

ii) the contractor does not exercise the right to control over the
performance of the work of the contractual employee.

Thus, in order to become a legitimate contractor, the contractor must

have substantial capital or investment, and must carry a distinct and
independent business free from the control of the principal. In addition,
the Court requires the agreement between the principal and the contractor
or subcontractor to assure the contractual employees' entitlement to all
labor and occupational safety and health standards, free exercise of the
right to self-organization, security of tenure, and social welfare
benefits.1

_________________________
1Babas, et al. v. Lorenzo Shipping Corp., 653 Phil. 421, 432 (2010);
See Vinoya v. NLRC, 393 Phil. 441, 445 (2000).
Article 106 of the Labor Code defines labor-only contracting as a situation
"where the person supplying workers to an employer does not have substantial
capital or investment in the form of tools, equipment, machineries, work
premises, among others, and the workers recruited and placed by such person
are performing activities which are directly related to the principal
business of such employer."58

DOLE Department Order (DO) No. 18-02, the regulation in force at the time of
the petitioners' assignment to Sunpower, reiterated the language of the Labor
Code:

Section 5. Prohibition against labor-only contracting. x x x [L]abor-only

contracting shall refer to an arrangement where the contractor or
subcontractor merely recruits, supplies or places workers to perform a job,
work or service for a principal, and any of the following elements are
present:

2.
i) The contractor or subcontractor does not have substantial capital or
investment which relates to the job, work or service to be performed
and the employees recruited, supplied or placed by such contractor
or subcontractor are performing activities which are directly
related to the main business of the principal; or

ii) the contractor does not exercise the right to control over the performance of the work of the
contractual employee.

Thus, in order to become a legitimate contractor, the contractor must have

substantial capital or investment, and must carry a distinct and independent
business free from the control of the principal. In addition, the Court
requires the agreement between the principal and the contractor or
subcontractor to assure the contractual employees' entitlement to all labor
and occupational safety and health standards, free exercise of the right to
self-organization, security of tenure, and social welfare benefits

3. Court considers job contracting or subcontracting as permissible when

the principal agrees to farm out the performance of a specific job, work
or service to the contractor, for a definite or predetermined period of
time, regardless of whether such job, work, or service is to be performed
or completed within or outside the premises of the principal. Ordinarily,
a contractor is presumed to be a labor-only contractor, unless the
contractor is able to discharge the burden of overcoming this presumption.
In cases when it's the principal claiming the legitimacy of the
contractor, then the burden is borne by the principal.