Professional Documents
Culture Documents
SONZA
VS.
ABS-‐CBN
BROADCASTING
CORPORATION
SONZA
appealed
to
the
NLRC.
NLRC
affirmed
the
decision
of
the
LA.
SONZA
G.R.
No.
138051.
June
10,
2004.
filed
a
special
civil
action
for
certiorari
before
the
Court
of
Appeals,
CA
CARPIO,
J.:
dismissed
the
complaint.
FACTS:
ISSUE:
W/N
an
Employer-‐Employee
relationship
exist
between
Sonza
and
ABS-‐CBN
Broadcasting
Corporation
signed
an
Agreement
with
the
Mel
and
ABS-‐CBN?
Jay
Management
and
Development
Corporation
(“MJMDC”).
ABS-‐CBN
was
represented
by
its
corporate
officers
while
MJMDC
was
represented
by
HELD:
SONZA,
as
President
and
General
Manager,
and
Carmela
Tiangco,
as
EVP
and
NO.
Treasurer.
The
elements
of
an
employer-‐employee
relationship
are:
(a)
the
selection
and
engagement
of
the
employee;
Referred
to
in
the
Agreement
as
“AGENT,”
MJMDC
agreed
to
provide
(b)
the
payment
of
wages;
SONZA’s
services
exclusively
to
ABS-‐CBN
as
talent
for
radio
and
television.
(c)
the
power
of
dismissal;
and
Sonza
was
made
a
co-‐host
for
Mel
and
Jay
radio
and
television
programs.
(d)
the
employer’s
power
to
control
the
employee
on
the
means
and
methods
–
CONTROL
TEST
ABS-‐CBN
agreed
to
pay
for
SONZA’s
services
a
monthly
talent
fee
of
P310,000
for
the
first
year
and
P317,000
for
the
second
and
third
year
of
the
A. Selection
and
Engagement
of
Employee
Agreement.
ABS-‐CBN
would
pay
the
talent
fees
on
the
10th
and
25th
days
SONZA
contends
that
the
“discretion
used
by
respondent
in
specifically
of
the
month.
selecting
and
hiring
complainant
over
other
broadcasters
of
possibly
similar
experience
and
qualification
as
complainant
belies
respondent’s
On
a
letter,
SONZA
wrote
to
Eugenio
Lopez
III,
ABS-‐CBN
President,
it
claim
of
independent
contractorship.
indicated
for
the
rescission
of
the
said
agreement
due
to
his
irrevocable
resignation
resulting
from
the
acts
of
the
station
being
violative,
thus,
Independent
contractors
often
present
themselves
to
possess
unique
skills,
constituting
a
breach
thereof.
expertise
or
talent
to
distinguish
them
from
ordinary
employees.
The
specific
selection
and
hiring
of
SONZA,
because
of
his
unique
skills,
talent
SONZA
filed
a
complaint
against
ABS-‐CBN
before
the
Department
of
Labor
and
celebrity
status
not
possessed
by
ordinary
employees,
is
a
circumstance
and
Employment.
SONZA
complained
that
ABS-‐CBN
did
not
pay
his
salaries,
indicative,
but
not
conclusive,
of
an
independent
contractual
relationship.
If
separation
pay,
service
incentive
leave
pay,
13th
month
pay,
signing
bonus,
SONZA
did
not
possess
such
unique
skills,
talent
and
celebrity
status,
ABS-‐
travel
allowance
and
amounts
due
under
the
Employees
Stock
Option
Plan.
CBN
would
not
have
entered
into
the
Agreement
with
SONZA
but
would
ABS-‐CBN
filed
a
Motion
to
Dismiss
on
the
ground
that
no
employer-‐ have
hired
him
through
its
personnel
department
just
like
any
other
employee
relationship
existed
between
the
parties
employee.
The
LA
denied
the
motion
to
dismiss
and
later
on
dismissed
the
complaint
In
any
event,
the
method
of
selecting
and
engaging
SONZA
does
not
due
to
lack
of
jurisdiction
on
the
basis
of
the
position
papers
submitted
by
conclusively
determine
his
status
the
parties.
The
LA
ruled
that
Sonza
being
a
“talent”
cannot
be
considered
as
an
employee
by
reason
of
the
peculiar
circumstances
surrounding
the
engagement
of
his
services.
LMJT
14
LABOR
STANDARDS
CASE
DIGESTS
–
ATTY.
PETER
JOEY
USITA
(2018-‐2019)
B. Payment
of
Wages
ABS-‐CBN
engaged
SONZA’s
services
specifically
to
co-‐host
the
“Mel
&
Jay”
ABS-‐CBN
directly
paid
SONZA
his
monthly
talent
fees
with
no
part
of
his
programs.
ABS-‐
CBN
did
not
assign
any
other
work
to
SONZA.
To
perform
his
fees
going
to
MJMDC,
this
mode
of
fee
payment
shows
that
he
was
an
work,
SONZA
only
needed
his
skills
and
talent.
How
SONZA
delivered
his
employee
of
ABS-‐CBN.
Moreover,
benefits
and
privilege
were
given
to
lines,
appeared
on
television,
and
sounded
on
radio
were
outside
ABS-‐CBN’s
Sonza.
control.
SONZA
did
not
have
to
render
eight
hours
of
work
per
day.
The
Agreement
required
SONZA
to
attend
only
rehearsals
and
tapings
of
the
All
the
talent
fees
and
benefits
paid
to
SONZA
were
the
result
of
negotiations
shows,
as
well
as
pre-‐
and
post-‐production
staff
meetings.
ABS-‐CBN
could
that
led
to
the
Agreement.
If
SONZA
were
ABS-‐CBN’s
employee,
there
would
not
dictate
the
contents
of
SONZA’s
script.
However,
the
Agreement
be
no
need
for
the
parties
to
stipulate
on
benefits
which
the
law
prohibited
SONZA
from
criticizing
in
his
shows
ABS-‐CBN
or
its
interests.
The
automatically
incorporates
into
every
employer-‐employee
contract.
clear
implication
is
that
SONZA
had
a
free
hand
on
what
to
say
or
discuss
in
his
shows
provided
he
did
not
attack
ABS-‐CBN
or
its
interests.
SONZA’s
talent
fees
are
so
huge
and
out
of
the
ordinary
that
they
indicate
more
an
independent
contractual
relationship
rather
than
an
employer-‐ ABS-‐CBN
did
not
instruct
SONZA
how
to
perform
his
job.
ABS-‐
CBN
merely
employee
relationship.
ABS-‐CBN
agreed
to
pay
SONZA
such
huge
talent
fees
reserved
the
right
to
modify
the
program
format
and
air
time
schedule
“for
precisely
because
of
SONZA’s
unique
skills,
talent
and
celebrity
status
not
more
effective
programming.”
ABS-‐CBN’s
sole
concern
was
the
quality
of
possessed
by
ordinary
employees.
the
shows
and
their
standing
in
the
ratings.
Clearly,
ABS-‐CBN
did
not
exercise
control
over
the
means
and
methods
of
performance
of
SONZA’s
C. Power
of
Dismissal
work.
SONZA
failed
to
show
that
ABS-‐CBN
could
terminate
his
services
on
grounds
other
than
breach
of
contract,
such
as
retrenchment
to
prevent
losses
as
Although
ABS-‐CBN
did
have
the
option
not
to
broadcast
SONZA’s
show,
ABS-‐
provided
under
labor
laws.
Even
if
it
suffered
severe
business
losses,
ABS-‐ CBN
was
still
obligated
to
pay
SONZA’s
talent
fees.
Thus,
even
if
ABS-‐CBN
CBN
could
not
retrench
SONZA
because
ABS-‐CBN
remained
obligated
to
pay
was
completely
dissatisfied
with
the
means
and
methods
of
SONZA’s
SONZA’s
talent
fees
during
the
life
of
the
Agreement.
This
circumstance
performance
of
his
work,
or
even
with
the
quality
or
product
of
his
work,
indicates
an
independent
contractual
relationship
between
SONZA
and
ABS-‐ ABS-‐
CBN
could
not
dismiss
or
even
discipline
SONZA.
All
that
ABS-‐
CBN
CBN.
SONZA
admits
that
even
after
ABS-‐CBN
ceased
broadcasting
his
could
do
is
not
to
broadcast
SONZA’s
show
but
ABS-‐CBN
must
still
pay
his
programs,
ABS-‐CBN
still
paid
him
his
talent
fees.
talent
fees
in
full.
ABS-‐CBN
could
not
terminate
or
discipline
SONZA
even
if
the
means
and
methods
of
performance
of
his
work—how
he
delivered
his
D.
Power
of
Control
lines
and
appeared
on
television—did
not
meet
ABS-‐CBN’s
approval.
This
Applying
the
control
test
to
the
present
case,
we
find
that
SONZA
is
not
an
proves
that
ABS-‐CBN’s
control
was
limited
only
to
the
result
of
SONZA’s
employee
but
an
independent
contractor.
The
control
test
is
the
most
work,
whether
to
broadcast
the
final
product
or
not.
important
test
our
courts
apply
in
distinguishing
an
employee
from
an
independent
contractor.
No
doubt,
ABS-‐CBN
supplied
the
equipment,
crew
and
airtime
needed
to
broadcast
the
“Mel
&
Jay”
programs.
However,
the
equipment,
crew
and
First,
SONZA
contends
that
ABS-‐CBN
exercised
control
over
the
means
and
airtime
are
not
the
“tools
and
instrumentalities”
SONZA
needed
to
perform
methods
of
his
work.
his
job.
What
SONZA
principally
needed
were
his
talent
or
skills
and
the
costumes
necessary
for
his
appearance.
LMJT
15
LABOR
STANDARDS
CASE
DIGESTS
–
ATTY.
PETER
JOEY
USITA
(2018-‐2019)
Second,
SONZA
urges
us
to
rule
that
he
was
ABS-‐CBN’s
employee
because
*Policy
Instruction
No.
40
ABS-‐CBN
subjected
him
to
its
rules
and
standards
of
performance.
SONZA
Policy
Instruction
No.
40
is
a
mere
executive
issuance
which
does
not
have
claims
that
this
indicates
ABS-‐
CBN’s
control
“not
only
[over]
his
manner
of
the
force
and
effect
of
law.
There
is
no
legal
presumption
that
Policy
work
but
also
the
quality
of
his
work.
Instruction
No.
40
determines
SONZA’s
status.
A
mere
executive
issuance
cannot
exclude
independent
contractors
from
the
class
of
service
providers
The
Agreement
does
not
require
SONZA
to
comply
with
the
rules
and
to
the
broadcast
industry.
The
classification
of
workers
in
the
broadcast
standards
of
performance
prescribed
for
employees
of
ABS-‐CBN.
The
code
industry
into
only
two
groups
under
Policy
Instruction
No.
40
is
not
binding
of
conduct
imposed
on
SONZA
under
the
Agreement
refers
to
the
on
this
Court,
especially
when
the
classification
has
no
basis
either
in
law
or
“Television
and
Radio
Code
of
the
Kapisanan
ng
mga
Broadcaster
sa
Pilipinas
in
fact.
(KBP),
which
has
been
adopted
by
the
COMPANY
(ABS-‐CBN)
as
its
Code
of
Ethics.”
The
KBP
code
applies
to
broadcasters,
not
to
employees
of
radio
*Talents
as
Independent
Contractors
and
television
stations.
Broadcasters
are
not
necessarily
employees
of
radio
The
right
of
labor
to
security
of
tenure
as
guaranteed
in
the
Constitution
and
television
stations.
Clearly,
the
rules
and
standards
of
performance
arises
only
if
there
is
an
employer-‐employee
relationship
under
labor
laws.
referred
to
in
the
Agreement
are
those
applicable
to
talents
and
not
to
Not
every
performance
of
services
for
a
fee
creates
an
employer-‐employee
employees
of
ABS-‐CBN.
relationship.
To
hold
that
every
person
who
renders
services
to
another
for
a
fee
is
an
employee—to
give
meaning
to
the
security
of
tenure
clause—will
These
general
rules
are
merely
guidelines
towards
the
achievement
of
the
lead
to
absurd
results.
mutually
desired
result,
which
are
top-‐rating
television
and
radio
programs
that
comply
with
standards
of
the
industry.
FRANCISCO
VS.
NATIONAL
LABOR
RELATIONS
COMMISSION
G.R.
No.
170087.
August
31,
2006
Lastly,
SONZA
insists
that
the
“exclusivity
clause”
in
the
Agreement
is
the
YNARES-‐SANTIAGO,
J.:
most
extreme
form
of
control
which
ABS-‐CBN
exercised
over
him.
FACTS:
Angelina
Francisco
was
hired
by
Kasei
Corporation.
She
was
designated
as
Being
an
exclusive
talent
does
not
by
itself
mean
that
SONZA
is
an
employee
Accountant
and
Corporate
Secretary
and
was
assigned
to
handle
all
the
of
ABS-‐CBN.
Even
an
independent
contractor
can
validly
provide
his
services
accounting
needs
of
the
company.
She
was
also
designated
as
Liaison
exclusively
to
the
hiring
party.
In
the
broadcast
industry,
exclusivity
is
not
Officer
to
the
City
of
Makati
to
secure
business
permits,
construction
necessarily
the
same
as
control.
permits
and
other
licenses
for
the
initial
operation
of
the
company.
The
hiring
of
exclusive
talents
is
a
widespread
and
accepted
practice
in
the
In
1996,
petitioner
was
designated
Acting
Manager.
She
was
assigned
to
entertainment
industry.
This
practice
is
not
designed
to
control
the
means
handle
recruitment
of
all
employees
and
perform
management
and
methods
of
work
of
the
talent,
but
simply
to
protect
the
investment
of
administration
functions;
represent
the
company
in
all
dealings
with
the
broadcast
station.
The
broadcast
station
normally
spends
substantial
government
agencies,
especially
with
the
BIR
and
SSS
of
Makati
and
to
amounts
of
money,
time
and
effort
“in
building
up
its
talents
as
well
as
the
administer
all
other
matters
for
the
operation
of
Kasei
Restaurant.
programs
they
appear
in
and
thus
expects
that
said
talents
remain
exclusive
with
the
station
for
a
commensurate
period
of
time.”
In
January
2001,
petitioner
was
replaced
by
Liza
R.
Fuentes
as
Manager.
Petitioner
alleged
that
she
was
required
to
sign
a
prepared
resolution
for
her
replacement
but
she
was
assured
that
she
would
still
be
connected
with
LMJT
16
LABOR
STANDARDS
CASE
DIGESTS
–
ATTY.
PETER
JOEY
USITA
(2018-‐2019)
Kasei
Corporation.
Thereafter,
Kasei
Corporation
reduced
her
salary
by
This
is
especially
appropriate
in
this
case
where
there
is
no
written
P2,500.00
agreement
or
terms
of
reference
to
base
the
relationship
on;
and
due
to
the
complexity
of
the
relationship
based
on
the
various
positions
and
On
October
15,
2001,
petitioner
asked
for
her
salary
from
Acedo
and
the
responsibilities
given
to
the
worker
over
the
period
of
the
latter’s
rest
of
the
officers
but
she
was
informed
that
she
is
no
longer
connected
employment.
with
the
company.
Since
she
was
no
longer
paid
her
salary,
petitioner
did
not
report
for
work
and
filed
an
action
for
constructive
dismissal
before
the
The
determination
of
the
relationship
between
employer
and
employee
labor
arbiter.
depends
upon
the
circumstances
of
the
whole
economic
activity,
such
as:
(1)
the
extent
to
which
the
services
performed
are
an
integral
part
of
the
Private
respondents
averred
that
petitioner
is
not
an
employee
of
Kasei
employer’s
business;
Corporation.
They
alleged
that
petitioner
was
hired
in
1995
as
one
of
its
(2)
the
extent
of
the
worker’s
investment
in
equipment
and
facilities;
technical
consultants
on
accounting
matters
and
act
concurrently
as
(3)
the
nature
and
degree
of
control
exercised
by
the
employer;
Corporate
Secretary.
As
technical
consultant,
petitioner
performed
her
work
(4)
the
worker’s
opportunity
for
profit
and
loss;
at
her
own
discretion
without
control
and
supervision
of
Kasei
Corporation.
(5)
the
amount
of
initiative,
skill,
judgment
or
foresight
required
for
the
Petitioner
had
no
daily
time
record
and
she
came
to
the
office
any
time
she
success
of
the
claimed
independent
enterprise;
wanted.
The
company
never
interfered
with
her
work
except
that
from
time
(6)
the
permanency
and
duration
of
the
relationship
between
the
worker
to
time,
the
management
would
ask
her
opinion
on
matters
relating
to
her
and
the
employer;
and
profession.
Petitioner
did
not
go
through
the
usual
procedure
of
selection
(7)
the
degree
of
dependency
of
the
worker
upon
the
employer
for
his
of
employees,
but
her
services
were
engaged
through
a
Board
Resolution
continued
employment
in
that
line
of
business.
designating
her
as
technical
consultant.
The
money
received
by
petitioner
from
the
corporation
was
her
professional
fee.
Petitioner’s
designation
as
By
applying
the
control
test,
there
is
no
doubt
that
petitioner
is
an
employee
technical
consultant
depended
solely
upon
the
will
of
management.
As
such,
of
Kasei
Corporation
because
she
was
under
the
direct
control
and
her
consultancy
may
be
terminated
any
time.
supervision
of
Seiji
Kamura,
the
corporation’s
Technical
Consultant.
The
Labor
Arbiter
found
that
petitioner
was
illegally
dismissed,
the
NLRC
Based
on
the
foregoing,
there
can
be
no
other
conclusion
that
petitioner
is
affirmed
LA’s
decision
and
was
reversed
by
the
CA.
an
employee
of
respondent
Kasei
Corporation.
She
was
selected
and
engaged
by
the
company
for
compensation,
and
is
economically
dependent
ISSUE:
upon
respondent
for
her
continued
employment
in
that
line
of
business.
Her
W/N
an
Er-‐Ee
relationship
exists?
main
job
function
involved
accounting
and
tax
services
rendered
to
respondent
corporation
on
a
regular
basis
over
an
indefinite
period
of
HELD:
engagement.
YES.
Two-‐tiered
test
involving:
Under
the
broader
economic
reality
test,
the
petitioner
can
likewise
be
said
(1)
the
putative
employer’s
power
to
control
the
employee
with
respect
to
to
be
an
employee
of
respondent
corporation
because
she
had
served
the
the
means
and
methods
by
which
the
work
is
to
be
accomplished;
and
company
for
six
years
before
her
dismissal,
receiving
check
vouchers
(2)
the
underlying
economic
realities
of
the
activity
or
relationship.
indicating
her
salaries/wages,
benefits,
13th
month
pay,
bonuses
and
allowances,
as
well
as
deductions
and
Social
Security
contributions
from
LMJT
17
LABOR
STANDARDS
CASE
DIGESTS
–
ATTY.
PETER
JOEY
USITA
(2018-‐2019)
LMJT
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LABOR
STANDARDS
CASE
DIGESTS
–
ATTY.
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JOEY
USITA
(2018-‐2019)
On
the
other
hand,
while
private
respondents
are
entitled
to
Minimum
terminated
his
services.
Petitioners
thus
sued
for
illegal
dismissal
before
the
Wage,
COLA
and
13th
Month
Pay,
they
are
not
entitled
to
service
incentive
Labor
Arbiter.
leave
pay
because
as
piece-‐rate
workers
being
paid
at
a
fixed
amount
for
performing
work
irrespective
of
time
consumed
in
the
performance
thereof,
On
the
other
hand,
private
respondents
claim
that
Viva
Films
(hereafter
they
fall
under
one
of
the
exceptions
stated
in
Section
1(d),
Rule
V,
VIVA)
is
the
trade
name
of
Viva
Productions,
Inc.,
and
that
it
is
primarily
Implementing
Regulations,
Book
III,
Labor
Code.
For
the
same
reason
private
engaged
in
the
distribution
and
exhibition
of
movies—but
not
in
the
respondents
cannot
also
claim
holiday
pay
(Section
1(e),
Rule
IV,
business
of
making
movies;
in
the
same
vein,
private
respondent
Vic
del
Implementing
Regulations,
Book
III,
Labor
Code).
Rosario
is
merely
an
executive
producer.
Private
respondents
assert
that
they
contract
persons
called
“producers”—
MARAGUINOT,
JR.
VS.
NLRC
to
“produce”
or
make
movies
and
contend
that
petitioners
are
project
G.R.
No.
120969.
January
22,
1998
employees
of
the
associate
producers
who,
in
turn,
act
as
independent
DAVIDE,
JR.,
J.:
contractors.
As
such,
there
is
no
employer-‐
employee
relationship
between
FACTS:
petitioners
and
private
respondents.
It
further
contends
that
it
was
the
Alejandro
Maraguinot,
Jr.
maintains
that
he
was
employed
by
private
associate
producer
of
the
film
“Mahirap
Maging
Pogi,”
who
hired
petitioner
respondents
on
18
July
1989
as
part
of
the
filming
crew.
About
four
months
Maraguinot.
Anent
petitioner
Enero,
he
was
hired
for
the
movie
entitled
later,
he
was
designated
Assistant
Electrician
in
May
1990.
In
June
1991,
he
“Sigaw
ng
Puso,”
later
re-‐
titled
“Narito
ang
Puso.”
He
went
on
vacation
on
was
promoted
to
the
rank
of
Electrician.
Petitioner
Paulino
Enero,
on
his
8
June
1992,
and
by
the
time
he
reported
for
work
on
20
July
1992,
shooting
part,
claims
that
private
respondents
employed
him
in
June
1990
as
a
for
the
movie
had
already
been
completed.
member
of
the
shooting
crew.
The
LA
rendered
a
decision
finding
complainants
as
employees
of
Petitioners’
tasks
consisted
of
loading,
unloading
and
arranging
movie
respondent
and
that
they
are
illegally
dismissed.
The
NLRC
reversed
LA’s
equipment
in
the
shooting
area
as
instructed
by
the
cameraman,
returning
ruling
and
held
that
based
on
the
circumstances
they
are
project
employees.
the
equipment
to
Viva
Films’
warehouse,
assisting
in
the
“fixing”
of
the
lighting
system,
and
performing
other
tasks
that
the
cameraman
and/or
ISSUE:
director
may
assign.
W/N
Er-‐Ee
relationship
exist?
Sometime
in
May
1992,
petitioners
sought
the
assistance
of
their
supervisor,
HELD:
Mrs.
Alejandria
Cesario,
to
facilitate
their
request
that
private
respondents
YES.
adjust
their
salary
in
accordance
with
the
minimum
wage
law.
Mrs.
Cesario
informed
petitioners
that
Mr.
Vic
del
Rosario
would
agree
to
increase
their
The
relationship
between
VIVA
and
its
producers
or
associate
producers
salary
only
if
they
signed
a
blank
employment
contract.
As
petitioners
seems
to
be
that
of
agency,
as
the
latter
make
movies
on
behalf
of
VIVA,
refused
to
sign,
private
respondents
forced
Enero
to
go
on
leave
then
whose
business
is
to
“make”
movies.
As
such,
the
employment
relationship
refused
to
take
him
back
when
he
reported
for
work.
Meanwhile,
between
petitioners
and
producers
is
actually
one
between
petitioners
and
Maraguinot
was
dropped
from
the
company
payroll
from
8
to
21
June
1992,
VIVA,
with
the
latter
being
the
direct
employer.
but
was
returned
on
22
June
1992.
He
was
again
asked
to
sign
a
blank
employment
contract,
and
when
he
still
refused,
private
respondents
LMJT
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The
employer-‐employee
relationship
between
petitioners
and
VIVA
can
DE
LEON
VS.
NATIONAL
LABOR
RELATIONS
COMMISSION
further
be
established
by
the
“control
test.”
The
four
elements
are
present.
G.R.
No.
70705.
August
21,
1989
FERNAN,
C.J.:
VIVA’s
control
is
evident
in
its
mandate
that
the
end
result
must
be
a
“quality
film
acceptable
to
the
company.”
The
means
and
methods
to
accomplish
the
FACTS:
result
are
likewise
controlled
by
VIVA,
viz.,
the
movie
project
must
be
Moises
de
Leon
was
employed
by
private
respondent
La
Tondeña,
Inc.
at
finished
within
schedule
without
exceeding
the
budget,
and
additional
the
Maintenance
Section
of
its
Engineering
Department
in
Tondo,
Manila.
expenses
must
be
justified;
certain
scenes
are
subject
to
change
to
suit
the
His
work
consisted
mainly
of
painting
company
building
and
equipment,
taste
of
the
company;
and
the
Supervising
Producer,
the
“eyes
and
ears”
of
and
other
odd
jobs
relating
to
maintenance.
He
was
paid
on
a
daily
basis
VIVA
and
del
Rosario,
intervenes
in
the
movie-‐making
process
by
assisting
through
petty
cash
vouchers.
the
associate
producer
in
solving
problems
encountered
in
making
the
film.
It
may
not
be
validly
argued
then
that
petitioners
are
actually
subject
to
the
In
the
early
part
of
January,
1983,
after
a
service
of
more
than
one
(1)
year,
movie
director’s
control,
and
not
VIVA’s
direction.
The
director
merely
petitioner
requested
from
respondent
company
that
he
be
included
in
the
instructs
petitioners
on
how
to
better
comply
with
VIVA’s
requirements
to
payroll
of
regular
workers,
instead
of
being
paid
through
petty
cash
ensure
that
a
quality
film
is
completed
within
schedule
and
without
vouchers.
Private
respondent’s
response
to
this
request
was
to
dismiss
exceeding
the
budget.
At
bottom,
the
director
is
akin
to
a
supervisor
who
petitioner
from
his
employment.
merely
oversees
the
activities
of
rank-‐and-‐file
employees
with
control
ultimately
resting
on
the
employer.
Petitioner
filed
a
complaint
for
illegal
dismissal,
reinstatement
and
payment
of
backwages
before
the
Office
of
the
Labor
Arbiter.
The
words
“superiors”
and
“Top
Management”
can
only
refer
to
the
“superiors”
and
“Top
Management”
of
VIVA.
By
commanding
crew
Petitioner
alleged
that
he
was
dismissed
following
his
request
to
be
treated
members
to
observe
the
rules
and
regulations
promulgated
by
VIVA,
the
as
a
regular
employee;
that
his
work
consisted
of
painting
company
appointment
slips
only
emphasize
VIVA’s
control
over
petitioners.
buildings
and
maintenance
chores
like
cleaning
and
operating
company
equipment,
assisting
Emiliano
Tanque,
Jr.,
a
regular
maintenance
man;
and
Notably,
nowhere
in
the
appointment
slip
does
it
appear
that
it
was
the
that
weeks
after
his
dismissal,
he
was
re-‐hired
by
the
respondent
company
producer
or
associate
producer
who
hired
the
crew
members;
moreover,
it
indirectly
through
the
Vitas-‐
Magsaysay
Village
Livelihood
Council,
a
labor
is
VIVA’s
corporate
name
which
appears
on
the
heading
of
the
appointment
agency
of
respondent
company,
and
was
made
to
perform
the
tasks
which
slip.
What
likewise
tells
against
VIVA
is
that
it
paid
petitioners’
salaries
as
he
used
to
do.
On
the
other
hand,
private
respondent
claimed
that
evidenced
by
vouchers,
containing
VIVA’s
letterhead,
for
that
purpose.
petitioner
was
not
a
regular
employee
but
only
a
casual
worker.
The
LA
rendered
a
decision
finding
petitioner
illegally
dismissed
and
was
a
regular
employee.
NLRC
affirmed
the
decision.
The
private
respondent
argues
that
petitioner
was
hired
only
as
a
painter
to
repaint
specifically
the
Mama
Rosa
building
at
its
Tondo
compound,
which
painting
work
is
not
part
of
their
main
business;
that
at
the
time
of
his
engagement,
it
was
made
clear
to
him
that
he
would
be
so
engaged
on
a
LMJT
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casual
basis,
so
much
so
that
he
was
not
required
to
accomplish
an
employment
is
regular
or
casual
is
not
the
will
and
word
of
the
employer,
to
application
form
or
to
comply
with
the
usual
requisites
for
employment;
and
which
the
desperate
worker
often
accedes,
much
less
the
procedure
of
that,
in
fact,
petitioner
was
never
paid
his
salary
through
the
regular
payroll
hiring
the
employee
or
the
manner
of
paying
his
salary.
It
is
the
nature
of
but
always
through
petty
cash
vouchers
the
activities
performed
in
relation
to
the
particular
business
or
trade
considering
all
circumstances,
and
in
some
cases
the
length
of
time
of
its
ISSUE:
performance
and
its
continued
existence.
W/N
de
Leon
is
a
regular
employee?
HELD:
SAN
MIGUEL
BREWERY
SALES
FORCE
UNION
(PTGWO)
VS.
OPLE
YES.
G.R.
No.
53515.
February
8,
1989
GRIÑO-‐AQUINO,
J.:
An
employment
is
deemed
regular
when
the
activities
performed
by
the
FACTS:
employee
are
usually
necessary
or
desirable
in
the
usual
business
or
trade
A
CBA
was
entered
into
by
petitioner
San
Miguel
Corporation
Sales
Force
of
the
employer.
Not
considered
regular
are
the
so-‐called
“project
Union
(PTGWO),
and
private
respondent,
San
Miguel
Corporation.
employment”
the
completion
or
termination
of
which
is
more
or
less
Section
1,
Article
IV
-‐
Employees
within
the
appropriate
bargaining
determinable
at
the
time
of
employment,
such
as
those
employed
in
unit
shall
be
entitled
to
a
basic
monthly
compensation
plus
connection
with
a
particular
construction
project,
and
seasonal
employment
commission
based
on
their
respective
sales.”
which
by
its
nature
is
only
desirable
for
a
limited
period
of
time.
However,
any
employee
who
has
rendered
at
least
one
year
of
service,
whether
The
company
introduced
a
marketing
scheme
known
as
the
continuous
or
intermittent,
is
deemed
regular
with
respect
to
the
activity
he
“Complementary
Distribution
System”
(CDS)
whereby
its
beer
products
performed
and
while
such
activity
actually
exists.
were
offered
for
sale
directly
to
wholesalers
through
San
Miguel’s
sales
offices.
Furthermore,
the
petitioner
performed
his
work
of
painting
and
maintenance
activities
during
his
employment
in
respondent’s
business
The
labor
union
filed
a
complaint
for
unfair
labor
practice
in
the
Ministry
of
which
lasted
for
more
than
one
year,
until
early
January,
1983
when
he
Labor,
with
a
notice
of
strike
on
the
ground
that
the
CDS
was
contrary
to
the
demanded
to
be
regularized
and
was
subsequently
dismissed.
Certainly,
by
existing
marketing
scheme
whereby
the
Route
Salesmen
were
assigned
this
fact
alone
he
is
entitled
by
law
to
be
considered
a
regular
employee.
specific
territories
within
which
to
sell
their
stocks
of
beer,
and
wholesalers
And
considering
further
that
weeks
after
his
dismissal,
petitioner
was
had
to
buy
beer
products
from
them,
not
from
the
company.
It
was
alleged
rehired
by
the
company
through
a
labor
agency
and
was
returned
to
his
post
that
the
new
marketing
scheme
violates
Section
1,
Article
IV
of
the
collective
in
the
Maintenance
Section
and
made
to
perform
the
same
activities
that
he
bargaining
agreement
because
the
introduction
of
the
CDS
would
reduce
used
to
do,
it
cannot
be
denied
that
his
activities
as
a
regular
painter
and
the
take-‐home
pay
of
the
salesmen
and
their
truck
helpers
for
the
company
maintenance
man
still
exist.
It
is
of
no
moment
that
petitioner
was
told
would
be
unfairly
competing
with
them.
when
he
was
hired
that
his
employment
would
only
be
casual,
that
he
was
paid
through
cash
vouchers,
and
that
he
did
not
comply
with
regular
ISSUE:
employment
procedure.
Precisely,
the
law
overrides
such
conditions
which
Whether
the
CDS
violates
the
collective
bargaining
agreement?
are
prejudicial
to
the
interest
of
the
worker
whose
weak
bargaining
position
W/N
CDS
constitute
union
busting?
needs
the
support
of
the
State.
What
determines
whether
a
certain
LMJT
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HELD:
Plant,
except
those
in
the
Warehouse
and
Quality
Assurance
Department
NO.
working
on
shifts,
a
change
in
work
schedule
effective
14
September
1992
The
CDS
is
a
valid
exercise
of
management
prerogatives:
Since
private
respondent
felt
affected
adversely
by
the
change
in
the
work
“Except
as
limited
by
special
laws,
an
employer
is
free
to
regulate,
according
schedule
and
discontinuance
of
the
30-‐minute
paid
“on
call”
lunch
break,
it
to
his
own
discretion
and
judgment,
all
aspects
of
employment,
including
filed
on
behalf
of
its
members
a
complaint
with
the
Labor
Arbiter
for
unfair
hiring,
work
assignments,
working
methods,
time,
place
and
manner
of
labor
practice,
discrimination
and
evasion
of
liability
work,
tools
to
be
used,
processes
to
be
followed,
supervision
of
workers,
working
regulations,
transfer
of
employees,
work
supervision,
lay-‐
off
of
However,
the
Labor
Arbiter
dismissed
the
complaint
on
the
ground
that
the
workers
and
the
discipline,
dismissal
and
recall
of
work.”
change
in
the
work
schedule
and
the
elimination
of
the
30-‐minute
paid
lunch
break
of
the
factory
workers
constituted
a
valid
exercise
of
So
long
as
a
company’s
management
prerogatives
are
exercised
in
good
management
prerogative
and
that
the
new
work
schedule,
break
time
and
faith
for
the
advancement
of
the
employer’s
interest
and
not
for
the
one-‐
hour
lunch
break
did
not
have
the
effect
of
diminishing
the
benefits
purpose
of
defeating
or
circumventing
the
rights
of
the
employees
under
granted
to
factory
workers
as
the
working
time
did
not
exceed
eight
(8)
special
laws
or
under
valid
agreements,
this
Court
will
uphold
them.
hours.
San
Miguel
Corporation’s
offer
to
compensate
the
members
of
its
sales
force
The
Labor
Arbiter
further
held
that
the
factory
workers
would
be
unjustly
who
will
be
adversely
affected
by
the
implementation
of
the
CDS,
by
paying
enriched
if
they
continued
to
be
paid
during
their
lunch
break
even
if
they
them
a
so-‐called
“back
adjustment
commission”
to
make
up
for
the
were
no
longer
“on
call”
or
required
to
work
during
the
break.
commissions
they
might
lose
as
a
result
of
the
CDS,
proves
the
company’s
good
faith
and
lack
of
intention
to
bust
their
union.
The
NLRC
considered
the
decision
of
this
Court
in
the
Sime
Darby
case
of
1990
wherein
petitioner
was
ordered
to
pay
“the
money
value
of
these
SIME
DARBY
PILIPINAS,
INC.
VS.
NLRC
covered
employees
deprived
of
lunch
and/or
working
time
breaks.”
The
G.R.
No.
119205.
April
15,
1998
public
respondent
declared
that
the
new
work
schedule
deprived
the
BELLOSILLO,
J.:
employees
of
the
benefits
of
a
time-‐honored
company
practice
of
providing
FACTS:
its
employees
a
30-‐minute
paid
lunch
break
resulting
in
an
unjust
diminution
Sime
Darby
Pilipinas,
Inc.,
is
engaged
in
the
manufacture
of
automotive
of
company
privileges
prohibited
by
Art.
100
of
the
Labor
Code,
as
amended.
tires,
tubes
and
other
rubber
products.
Sime
Darby
Salaried
Employees
Association
(ALUTUCP),
private
respondent,
is
an
association
of
monthly
ISSUE:
salaried
employees
of
petitioner
at
its
Marikina
factory.
Is
the
act
of
management
in
revising
the
work
schedule
of
its
employees
and
discarding
their
paid
lunch
break
constitutive
of
unfair
labor
practice?
Prior
to
the
present
controversy,
all
company
factory
workers
in
Marikina
including
members
of
private
respondent
union
worked
from
7:45
a.m.
to
HELD:
3:45
p.m.
with
a
30-‐
minute
paid
“on
call”
lunch
break.
NO.
On
14
August
1992
petitioner
issued
a
memorandum
to
all
factory-‐based
The
right
to
fix
the
work
schedules
of
the
employees
rests
principally
on
their
employees
advising
all
its
monthly
salaried
employees
in
its
Marikina
Tire
employer.
In
the
instant
case
petitioner,
as
the
employer,
cites
as
reason
for
LMJT
22
LABOR
STANDARDS
CASE
DIGESTS
–
ATTY.
PETER
JOEY
USITA
(2018-‐2019)
the
adjustment
the
efficient
conduct
of
its
business
operations
and
its
latter’s
operation
of
the
Tiwi,
Albay
and
the
Makiling-‐Banahaw
Geothermal
improved
production.
It
rationalizes
that
while
the
old
work
schedule
Projects
included
a
30-‐minute
paid
lunch
break,
the
employees
could
be
called
upon
to
do
jobs
during
that
period
as
they
were
“on
call.”
Even
if
denominated
as
Private
respondents
are
employees
of
herein
petitioner
occupying
various
lunch
break,
this
period
could
very
well
be
considered
as
working
time
positions
ranging
from
carpenter
to
Clerk
II
who
had
worked
with
petitioner
because
the
factory
employees
were
required
to
work
if
necessary
and
were
company
under
individual
contracts,
categorized
as
contractual
paid
accordingly
for
working.
With
the
new
work
schedule,
the
employees
employment,
for
a
period
ranging
from
fifteen
(15)
days
to
three
(3)
months.
are
now
given
a
one-‐
hour
lunch
break
without
any
interruption
from
their
These
contracts
were
regularly
renewed
to
the
extent
that
individual
private
employer.
For
a
full
one-‐hour
undisturbed
lunch
break,
the
employees
can
respondents
had
rendered
service
from
three
(3)
to
five
(5)
years
until
1983
freely
and
effectively
use
this
hour
not
only
for
eating
but
also
for
their
rest
and
1984
when
petitioner
started
terminating
their
employment
by
not
and
comfort
which
are
conducive
to
more
efficiency
and
better
performance
renewing
their
individual
contracts.
Subsequently
petitioner
entered
into
in
their
work.
Since
the
employees
are
no
longer
required
to
work
during
job
contracting
agreement
with
Dra.
Generosa
Gonzales
who
supplies
it
with
this
one-‐hour
lunch
break,
there
is
no
more
need
for
them
to
be
skilled
manpower.
compensated
for
this
period.
The
new
work
schedule
fully
complies
with
the
daily
work
period
of
eight
(8)
hours
without
violating
the
Labor
Code.
Private
respondents
organized
a
separate
labor
union
in
view
of
their
Besides,
the
new
schedule
applies
to
all
employees
in
the
factory
similarly
exclusion
in
the
bargaining
unit
of
the
regular
rank
and
file
employees
situated
whether
they
are
union
members
or
not.
represented
by
the
Federation
of
Free
Workers.
In
August
1983,
they
filed
a
petition
for
certification
election
with
the
Ministry
of
Labor
and
Every
business
enterprise
endeavors
to
increase
its
profits.
In
the
process,
it
Employment.
Because
of
this,
herein
petitioner
allegedly
started
harassing
may
devise
means
to
attain
that
goal.
Even
as
the
law
is
solicitous
of
the
them
and
replaced
them
with
so
called
‘contract
workers’.
Thus,
welfare
of
the
employees,
it
must
also
protect
the
right
of
an
employer
to
complainant
union
and
herein
respondent
employees
filed
a
case
for
illegal
exercise
what
are
clearly
management
prerogatives.
lock-‐out
and
unfair
labor
practice.
So
long
as
such
prerogative
is
exercised
in
good
faith
for
the
advancement
The
LA
rendered
a
decision
in
favor
of
respondent
ruling
that
they
are
of
the
employer’s
interest
and
not
for
the
purpose
of
defeating
or
regular
employees
and
ordered
their
reinstatement.
The
NLRC
affirmed
the
circumventing
the
rights
of
the
employees
under
special
laws
or
under
valid
decision.
agreements,
this
Court
will
uphold
such
exercise.
ISSUE:
Whether
or
not
private
respondents
may
be
considered
regular
and
PHILIPPINE
GEOTHERMAL,
INC.VS.NLRC
permanent
employees
due
to
their
length
of
service
in
the
company
G.R.
Nos.
82643-‐67.
August
30,
1990
despite
the
fact
that
their
employment
is
on
contractual
basis?
PARAS,
J.:
FACTS:
HELD:
Philippine
Geothermal,
Inc.
is
a
U.S.
corporation
engaged
in
the
exploration
YES.
and
development
of
geothermal
energy
resources
as
an
alternative
source
of
energy.
It
is
duly
authorized
to
engage
in
business
in
the
Philippines
and
In
the
recent
case
of
Kimberly
Independent
Labor
Union
for
Solidarity,
at
present
is
the
prime
contractor
of
the
National
Power
Corporation
at
the
Activism,
and
Nationalism-‐Olalia
vs.
Hon.
Franklin
M.
Drilon,
G.R.
Nos.
77629
LMJT
23
LABOR
STANDARDS
CASE
DIGESTS
–
ATTY.
PETER
JOEY
USITA
(2018-‐2019)
and
78791
promulgated
last
May
9,
1990,
this
Court
classified
the
two
kinds
Effective
July
12,
1986,
individual
complainants
and
Lawrence
Deguit
were
of
regular
employees,
as:
temporarily
laid-‐off
by
virtue
of
a
memorandum
issued
by
the
respondent.
1)
those
who
are
engaged
to
perform
activities
which
are
usually
necessary
In
said
memorandum
they
were
also
informed
that
a
meeting
regarding
the
or
desirable
in
the
usual
business
or
trade
of
the
employer;
and
resumption
of
operation
will
be
held
on
July
16,
1986
and
that
they
will
be
2)
those
who
have
rendered
at
least
one
(1)
year
of
service,
whether
notified
as
to
when
they
will
resume
work.
continuous
or
broken
with
respect
to
the
activity
in
which
they
are
employed.
While
the
actual
regularization
of
these
employees
entails
the
Complainants
filed
the
instant
case
for
illegal
dismissal
but
before
the
mechanical
act
of
issuing
regular
appointment
papers
and
compliance
with
respondent
could
receive
a
copy
of
the
complaint
and
the
notification
and
such
other
operating
procedures,
as
may
be
adopted
by
the
employer,
it
is
summons
individual
complainants
re-‐applied
with
the
respondent
and
were
more
in
keeping
with
the
intent
and
spirit
of
the
law
to
rule
that
the
status
assigned
to
work
with
its
project
at
Robinson—EDSA.
of
regular
employment
attaches
to
the
casual
employee
on
the
day
immediately
after
the
end
of
his
first
year
of
service.
In
hiring
the
herein
complainants
to
be
assigned
to
a
particular
project
they
have
to
fill
up
an
employment
application
form
and
are
subjected
to
a
pre-‐
Assuming
therefore,
that
an
employee
could
properly
be
regarded
as
a
hiring
examination.
If
evaluated
to
be
qualified
they
sign
at
the
end
casual
(as
distinguished
from
a
regular
employee)
he
becomes
entitled
to
be
portion
of
their
employment
application
form.
Thereafter
the
hired
regarded
as
a
regular
employee
of
the
employer
as
soon
as
he
has
employee
is
given
by
the
respondent
an
assignment
slip.
completed
one
year
of
service.
Under
the
circumstances,
employers
may
not
terminate
the
service
of
a
regular
employee
except
for
a
just
cause
or
when
The
NLRC
held
that
the
complainants
were
project
employees
because
authorized
under
the
Labor
Code.
It
is
not
difficult
to
see
that
to
uphold
the
their
appointments
were
“co-‐terminus
with
the
phase
or
item
of
work
contractual
arrangement
between
the
employer
and
the
employee
would
assigned
to
them
in
said
project.”
in
effect
be
to
permit
employers
to
avoid
the
necessity
of
hiring
regular
or
permanent
employees
indefinitely
on
a
temporary
or
casual
status,
thus
to
ISSUE:
deny
them
security
of
tenure
in
their
jobs.
Article
106
of
the
Labor
Code
is
Whether
the
petitioners
are
project
employees
or
regular
employees?
precisely
designed
to
prevent
such
result.
HELD:
Project
employees.
CARTAGENAS
VS.
ROMAGO
ELECTRIC
COMPANY,
INC.
As
an
electrical
contractor,
the
private
respondent
depends
for
its
business
G.R.
No.
82973.September
15,
1989
on
the
contracts
it
is
able
to
obtain
from
real
estate
developers
and
builders
GRIÑO-‐AQUINO,
J.:
of
buildings.
Since
its
work
depends
on
the
availability
of
such
contracts
or
FACTS:
“projects,”
necessarily
the
duration
of
the
employment
of
its
work
force
is
Respondent
Romago
is
a
general
contractor
engaged
in
contracting
and
not
permanent
but
co-‐
terminus
with
the
projects
to
which
they
are
assigned
sub-‐contracting
of
specific
building
construction
projects
or
undertaking
and
from
whose
payrolls
they
are
paid.
It
would
be
extremely
burdensome
such
as
electrical,
mechanical
and
civil
engineering
aspects
in
the
repair
of
for
their
employer
who,
like
them,
depends
on
the
availability
of
projects,
if
buildings
and
from
other
kindred
services.
Individual
complainants
are
it
would
have
to
carry
them
as
permanent
employees
and
pay
them
wages
employed
by
the
respondent
in
connection
with
particular
construction
even
if
there
are
no
projects
for
them
to
work
on.
projects.
LMJT
24