Magboo vs. Bernardo. G.R. No. L-16790. A TRANSPORTATION CASE. BY C Y.

Magboo vs. Bernardo.

FACTS.
1. Roque and Bernardo entered in to a contract whereby for priveledge of driving the motor vehicle of Bernardo, Roque must pay the former 8.00 and what
ever earning left will belong to the latter.
2. The motor vehicle driven by Magboo hit and killed Cesar Magboo and so the parents of the latter filed a case against roque and bernardo.
3. Roque pleaded guilty and so he was sentenced.
4. Bernardo assailed the decision claiming that employer-employee relationship does not exist between him and Roque but rather the relation that exist
between them was that of lessor and lessee relationship.
ISSUE.
WHETHER OR NOT, THERE IS A RELATIONSHIP OF EMPLOYER-EMPLOYEE BETWEEN DEFENDANT BERNARDO AND ROQUE.

According to the supreme court, the mere fact that Roque does not receive a fixed salary does not withdraw the relationship of employer-employee between
Bernardo and Roque.