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LOLITA LOPEZ vs. BODEGA CITY (Video-Disco Kitchen of the Philippines) and/or ANDRES C.
TORRES-YAP
G.R. No. 155731. September 3, 2007
Facts:
Lopez: was the “lady keeper” of Bodega City tasked with manning its ladies’ comfort
room.
Yap (owner/manager): asked the petitioner to explain why the concessionaire
agreement between her and respondents should not be terminated or suspended in
view of an incident that happened wherein petitioner was seen to have acted in a
hostile manner against a lady customer of Bodega City who informed the management
that she saw petitioner sleeping while on duty.
Yap: terminated the concessionaire agreement.
Lopez: filed a complaint for illegal dismissal.
Respondents: there’s no EE-ER relationship; Lolita’s services rendered was by virtue of a
concessionaire agreement she entered into with respondents.
LA: dismissed the case for lack of merit
NLRC: remanded the cases for further proceeding
LA: petitioner was an employee of the respondents
NLRC: ruled that there was no EE-ER relationship
CA: ruled that there was no EE-ER relationship