Title
ABS-CBN Broadcasting Corp. vs. Tajanlangit
Case
G.R. No. 219508
Decision Date
Sep 14, 2021
ABS-CBN cameramen, hired repeatedly for years, deemed regular employees by SC due to control, necessity, and integral role in broadcasting operations.
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Case Digest (G.R. No. 219508)

Facts:

Background of ABS-CBN's Business Model

  • ABS-CBN Broadcasting Corporation (petitioner) is primarily engaged in broadcasting radio and television content. Due to the unpredictability of viewer preferences, it lacked regular creative and technical manpower to produce its own programs. To address this, ABS-CBN engaged independent contractors, such as directors, actors, scriptwriters, and production staff, on a project basis.

Internal Job Market System (IJM)

  • In 2002, ABS-CBN implemented the Internal Job Market System (IJM), a database listing accredited technical and creative talents. Talents could offer their services for a fee, and producers could view their availability and competency ratings. Accreditation under the IJM was voluntary, and talents were not bound exclusively to ABS-CBN. They could offer their services to other networks or production companies.

Respondents' Employment

  • Respondents Kessler Tajanlangit, Vladimir Martin, Herbie Medina, and Juan Paulo Nieva were hired as cameramen by ABS-CBN between 2003 and 2005. They were issued ABS-CBN ID cards, received wages on a per-hour basis, and had taxes and contributions (SSS, PhilHealth, Pag-IBIG) deducted from their pay. Their work schedules were determined by ABS-CBN, and they were under the direct supervision of production supervisors and managers.

Complaint for Regularization

  • Respondents filed a complaint before the National Labor Relations Commission (NLRC) seeking regularization, alleging they had been continuously employed for over five years but were denied benefits accorded to regular employees. They also claimed they were barred from entering company premises and removed from work schedules after refusing to sign new contracts that required them to withdraw their complaint.

Labor Arbiter and NLRC Decisions

  • The Labor Arbiter dismissed the complaint, ruling that respondents were independent contractors and not employees. The NLRC affirmed this decision, finding no employer-employee relationship due to the absence of control over respondents' work.

Court of Appeals Decision

  • The Court of Appeals (CA) reversed the NLRC, ruling that respondents were regular employees based on the four-fold test (selection, payment of wages, power of dismissal, and control). The CA found that ABS-CBN exercised control over respondents' work, and their roles as cameramen were necessary and desirable to ABS-CBN's business.

Issue:

  1. Whether an employer-employee relationship existed between ABS-CBN and the respondents.
  2. Whether respondents, as cameramen, were regular employees or independent contractors.
  3. Whether the CA erred in applying the four-fold test and ruling in favor of respondents.

Ruling:

The Supreme Court denied ABS-CBN's petition and affirmed the CA's decision. The Court held that:

  1. An employer-employee relationship existed between ABS-CBN and the respondents based on the four-fold test.
  2. Respondents were regular employees, not independent contractors, as their work as cameramen was necessary and desirable to ABS-CBN's business.
  3. The CA correctly applied the four-fold test and did not err in its ruling.

Ratio:

  1. Employer-Employee Relationship: The Court applied the four-fold test and found that ABS-CBN exercised control over respondents' work, determined their wages, and had the power to dismiss them. These factors established an employer-employee relationship.
  2. Regular Employment: Respondents' roles as cameramen were integral to ABS-CBN's business of producing and broadcasting shows. Their repeated hiring over several years indicated that their work was necessary and desirable to ABS-CBN's operations, making them regular employees under Article 280 of the Labor Code.
  3. Inapplicability of Previous Rulings: The Court distinguished this case from Sonza v. ABS-CBN and Jalog v. NLRC, noting that the facts and parties involved were different. The ruling in Del Rosario v. ABS-CBN was deemed more applicable, as it similarly involved cameramen and other production staff who were found to be regular employees.
  4. Judicial Recognition of Employment Status: The Court emphasized that its decision was a recognition of the employment status of project or work pool employees who perform tasks necessary to the employer's business. It clarified that allowing employees to seek other work during production lulls did not negate their status as regular employees.

Conclusion:

The Supreme Court affirmed the CA's decision, declaring respondents as regular employees of ABS-CBN and ordering their reinstatement with full backwages, benefits, and attorney's fees. The Court reiterated that cameramen and similar roles are indispensable to the production and broadcasting of shows, making them regular employees under the law.


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