Practice question
A service agreement expressly reserves the company’s power to dictate the worker’s methods. The company says no manager watched every delivery. Does absence of constant observation alone defeat the retained-right evidence?
- No; the reserved means-and-methods power remains relevant
- Yes; only watching each movement can count
- Yes; a written method-control clause must be ignored
- Yes; all contractual control is only output inspection
- Yes; deliveries can never involve employment
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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