I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
2.) Insurance agents who are free to adopt their own methods of selling are deemed independent contractors.
3.) An unregistered association is considered an employer with regard to people it hires to carry out its business (secretaries, janitors, caretakers, etc.)
4.) Even if there is a contract, a person can be considered an employee if the contract indicates so -employment is determined by law, as per the four elements, and not by contract.
5.) Independent contractors are not employees unless the above four elements are in the contract.
6.) Regarding piece-rate workers, those whose time and performance is supervised are considered employees. Those whose time and performance is not supervised are considered independent contractors.
7.) Teachers under contract are employees, not independent contractors. There's a case: FEATI University vs. Bautista, 18 SCRA 1192.
8.) Medical consultants are not employees of hospitals, Ramos vs. CA, 380 SCRA 467.
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