4/14/2021
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Admittedly, there is a thin line between secular and ecclesiastical matters with regard
to respondent's status as a missionary. Respondent's claim of illegal dismissal is
dependent on the existence of the employer-employee relationship. Unfortunately,
respondent failed to prove his own affirmative allegation.
WHEREFORE, premises considered, the instant Petition is hereby GRANTED. The
October 27, 2015 Decision and April 26, 2016 Resolution of the Court of Appeals in CAG.R. SP No. 08067 are REVERSED and SET ASIDE. Accordingly, the July 15, 2013
Decision of the National Labor Relations Commission dismissing the case for lack of
jurisdiction is hereby REINSTATED.
SO ORDERED.
Carandang and Gaerlan, JJ., concur.
Leonen and Zalameda, JJ., see separate concurring opinions.
[1] Rollo, pp. 21-34; penned by Associate Justice Marilyn Lagura-Yap, with Associate
Justices Gabriel T. Ingles and Marie Christine Azcarraga-Jacob, concurring.
[2] Id. at 35-36; penned by Associate Justice Marilyn Lagura-Yap, with Associate
Justices Gabriel T. Ingles and Pamela Ann Abella Maxino, concurring.
[3] CA rollo, pp. 27-33, penned by Commissioner Julie C. Rendoque, with Presiding
Commissioner Violeta Ortiz-Bantug and Commissioner Jose G. Gutierrez, concurring.
[4] Id. at 35-36.
[5] Id. at 101-115, penned by Acting Executive Labor Arbiter Romulo P. Sumalinog.
[6] Id. at 58.
[7] Id. at 39-54, Complainant's Position Paper.
[8] Id. at 55.
[9] Id. at 78.
[10] Id. at 61-71, Position Paper for Respondents.
[11] Id. at 37.
[12] Id. at 114-115.
[13] Id. at 110.
[14] Id. at 110-112.
[15] Id. at 32-33.
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