JARDIN V. NLRC (G.R. NO.

119268)

Facts:

Petitioners were drivers of private respondents taxicabs under the boundary system whose
earnings were regularly deducted washing fee for the taxi units. Petitioners decided to form a labor
union to protect their rights and interests on the belief that the deductions made were illegal. Upon
learning, respondent refused to let petitioners drive their taxicabs when they reported for work.
Aggrieved, petitioners filed a complaint for illegal dismissal with the Labor Arbiter but the latter
dismissed said complaint. On appeal, the NLRC tribunal declared that petitioners are employees
of private respondent. On reconsideration however, the decision was reversed by the NLRC
tribunal and held that no employer-employee relationship between the parties exists.

Issue:

Whether or not petitioner taxi drivers are employees of respondent company.

Ruling: YES.

In a number of cases decided by this Court, we ruled that the relationship between jeepney
owners/operators on one hand and jeepney drivers on the other under the boundary system is that
of employer-employee and not of lessor-lessee. In the case of jeepney owners/operators and
jeepney drivers, the former exercise supervision and control over the latter. The management of
the business is in the owners hands. The owner as holder of the certificate of public convenience
must see to it that the driver follows the route prescribed by the franchising authority and the rules
promulgated as regards its operation. Now, the fact that the drivers do not receive fixed wages but
get only that in excess of the so-called boundary they pay to the owner/operator is not sufficient
to withdraw the relationship between them from that of employer and employee. We have applied
by analogy the doctrine to the relationships between bus owner/operator and bus conductor, auto-
calesa owner/operator and driver, and recently between taxi owners/operators and taxi drivers.
Hence, petitioners are undoubtedly employees of private respondent because as taxi drivers they
perform activities which are usually necessary or desirable in the usual business or trade of their
employer.