G.R. No. L-32120 November 12, 1975
Gertrudes I. Vda. de Olib, et al. vs. City of Manila

FACTS

The deceased Nunilon Olib was appointed as a janitor in 1954 by the Director of the Bureau of Public Schools and was assigned as a watchman at Mapa High School until 1961. While his salary was paid from the funds of the City of Manila, his work was under the exclusive control and supervision of the school principal and Assistant Superintendent of City Schools, officials of the national Bureau of Public Schools. On April 29, 1961, Olib injured his leg while rushing to investigate a noise during his duty. The wound became infected, leading to his hospitalization and death from tetanus on June 22, 1961. His common-law wife and seven illegitimate children filed a claim for death benefits under the Workmen’s Compensation Act against the City of Manila.

ISSUE

Whether an employer-employee relationship existed between the deceased Nunilon Olib and the City of Manila, making the city liable for workmen’s compensation benefits.

RULING

No. The Supreme Court affirmed the Workmen’s Compensation Commission’s dismissal of the claim against the City of Manila, finding no employer-employee relationship. Applying the control test, the Court held that the decisive factor is who exercises the power of selection, supervision, and control over the employee. Despite the city paying his salary, Olib remained under the exclusive control and appointment authority of the Bureau of Public Schools, a national agency. Following jurisprudence, particularly Genciana vs. WCC, the Court ruled that employees of city schools fall under the national government’s supervision. Thus, the Republic of the Philippines, through the Bureau of Public Schools, is the proper party liable. However, in the interest of justice and to avoid further delay, the Court impleaded the Republic of the Philippines as a respondent and directed the Solicitor General to comment on the merits of the claim.