Philippine Bar review · Question

Practice question: Employee vs. Independent Contractor

Multiple Choice Hard

Practice question

An acclaimed illustrator runs a separate studio, chooses creative methods independently, serves other clients and directly undertakes a particular commission for an agreed result. The client neither reserves method control nor supplies an intermediary employer. A consultant says the absence of a third party means independence is legally impossible. Which is sound?
  1. All independent contracting necessarily has three parties
  2. Every skilled professional automatically becomes a regular employee
  3. A genuine skilled individual’s independent engagement can be bilateral; actual independence remains essential
  4. The client must invent an intermediary to validate every commission
  5. A studio’s existence alone eliminates the need to examine control

Legal references

  • Ditiangkin, G.R. 246892, September 21, 2022: https://lawphil.net/judjuris/juri2022/sep2022/gr_246892_2022.html

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