Philippine Bar review · Question

Practice question: Burden of Proof

Multiple Choice Hard

Practice question

A company directly engages and pays routine delivery workers, but invokes a rule about a separate contractor’s substantial capital as if a third-party contracting business had hired them. No such intermediary exists. Under Ditiangkin, which evidentiary approach is correct?
  1. Examine the actual bilateral engagement and asserted independent status rather than invent a missing contractor
  2. Assume a third-party contractor exists whenever a worker owns a vehicle
  3. Treat capital language as conclusive proof of every classification
  4. Disregard the company’s direct contracts and payment
  5. Require the workers to prove the financial statements of a nonexistent intermediary

Legal references

  • Ditiangkin v Lazada GR246892 September21,2022 MAIN: https://lawphil.net/judjuris/juri2022/sep2022/gr_246892_2022.html Evidence of retained control and economic realities.
  • Hacienda San Isidro v Villaruel GR220087 August11,2025 MAIN resolution: https://lawphil.net/judjuris/juri2025/aug2025/gr_220087_2025.html Employment existence precedes Article295 classification.

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