Abante Jr : Lamadrid Bearing & Parts Corp : 159890 : May 28, 2004 :
First Division : Decision
[G.R. NO. 159890 : May
EMPERMACO B. ABANTE, JR., Petitioner, v. LAMADRID
BEARING & PARTS CORP. and JOSE LAMADRID, President, Respondents.
D E C I S I O N
This is a Petition for Review under Rule 45 of the 1997 Revised
Rules of Civil Procedure assailing the Decision dated March
7, 2003 of the Court of Appeals in CA-G.R. SP No. 73102 which
affirmed the Resolution dated April 2,
2002 of the National Labor Relations Commission.
Petitioner was employed by respondent company Lamadrid Bearing
and Parts Corporation sometime in June 1985 as a salesman earning a commission
of 3% of the total paid-up sales covering the whole area of Mindanao.
His average monthly income was more or less
P16,000.00, but later was increased to approximately P20,269.50.
Aside from selling the merchandise of
respondent corporation, he was also tasked to collect payments from his various
Respondent corporation had
complete control over his work because its President, respondent Jose Lamadrid,
frequently directed him to report to a particular area for his sales and
collection activities, and occasionally required him to go to Manila
to attend conferences regarding product competition, prices, and other market
Sometime in 1998, petitioner encountered five customers/clients
with bad accounts, namely: