Auto Bus Transport Systems vs Bautista

458 SCRA 578

Facts:
Antonio Bautista was employed by Auto Bus Transport Systems, Inc. in May 1995. He was
assigned to the Isabela-Manila route and he was paid by commission (7% of gross income per
travel for twice a month).

In January 2000, while he was driving his bus he bumped another bus owned by Auto Bus. He
claimed that he accidentally bumped the bus as he was so tired and that he has not slept for
more than 24 hours because Auto Bus required him to return to Isabela immediately after arriving
at Manila. Damages were computed and 30% or P75,551.50 of it was being charged to Bautista.
Bautista refused payment.

Auto Bus terminated Bautista after due hearing as part of Auto Bus management prerogative.
Bautista sued Auto Bus for Illegal Dismissal. The Labor Arbiter Monroe Tabingan dismissed
Bautistas petition but ruled that Bautista is entitled to P78,117.87 13th month pay payments and
P13,788.05 for his unpaid service incentive leave pay.

The case was appealed before the National Labor Relations Commission. NLRC modified the
LAs ruling. It deleted the award for 13th Month pay. The court of Appeals affirmed the NLRC.

Auto Bus averred that Bautista is a commissioned employee and if that is not reason enough that
Bautista is also a field personnel hence he is not entitled to a service incentive leave.

ISSUE: Whether or not Bautista is entitled to Service Incentive Leave.

HELD: Yes, Bautista is entitled to Service Incentive Leave. The Supreme Court emphasized that
it does not mean that just because an employee is paid on commission basis he is already barred
to receive service incentive leave pay.

The question actually boils down to whether or not Bautista is a field employee.

According to Article 82 of the Labor Code, field personnel shall refer to non-agricultural
employees who regularly perform their duties away from the principal place of business or branch
office of the employer and whose actual hours of work in the field cannot be determined with
reasonable certainty.

As a general rule, field personnel are those whose performance of their job/service is not
supervised by the employer or his representative, the workplace being away from the principal
office and whose hours and days of work cannot be determined with reasonable certainty; hence,
they are paid specific amount for rendering specific service or performing specific work. If
required to be at specific places at specific times, employees including drivers cannot be said to
be field personnel despite the fact that they are performing work away from the principal office of
the employee.

Certainly, Bautista is not a field employee. He has a specific route to traverse as a bus driver and
that is a specific place that he needs to be at work. There are inspectors hired by Auto Bus to
constantly check him. There are inspectors in bus stops who inspects the passengers, the
punched tickets, and the driver. Therefore he is definitely supervised though he is away from the
Auto Bus main office.