Case Digest (G.R. No. 202481) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Albert B. del Rosario, et al. v. ABS-CBN Broadcasting Corporation (consol. G.R. Nos. 202481; 202495 & 202497; 210165; 219125; 222057; 224879; 225101; 225874), decided September 8, 2020, 135 technical and production personnel—including cameramen, light men, sound engineers, VTR operators and drivers—were engaged by ABS-CBN between 1992 and 2011. In 2002 the company implemented an *Internal Job Market* accreditation system, reclassifying many as “talents” under short-term contracts, paid hourly without premium, holiday or overtime pay, and excluded from regular benefits. In late 2002 to early 2003 they filed labor arbiter petitions for *regularization* under the Labor Code. While some were declared regular employees by the NLRC, divergent rulings by different divisions of the Court of Appeals followed—some workers affirmed as regular and CBA-covered, others found independent contractors. During pendency, about 20 petitioners were summarily dismissed without notice, prompting *i Case Digest (G.R. No. 202481) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- ABS-CBN’s Corporate Operations
- ABS-CBN Broadcasting Corporation is a domestic corporation granted a franchise under R.A. No. 7966 (1987), licensed by the NTC to operate TV and radio stations; its franchise expired May 5, 2020.
- It employs three main groups for its self-produced, co-produced, line-produced and live-coverage programs:
- Technical crew (cameramen, audio and sound engineers, VTR men, light men, camera control unit operators) under technical directors and producers.
- Production staff under Executive and Assistant Producers.
- OB and PA van drivers for outside broadcast studios.
- Workers undergo training seminars, receive assignments per show, and are re-hired continuously upon each program’s end; they are paid twice monthly via payroll slips in ABS-CBN’s name, with BIR Form 2316, SSS, PhilHealth and Pag-IBIG contributions.
- Internal Job Market (IJM) System & Classification
- In 2002 ABS-CBN introduced the IJM System, accrediting technical and creative manpower as “talents” or independent contractors, paid at hourly rates, without overtime, holiday or rest-day premiums.
- Workers protested, formed the ABS-CBN IJM Workers’ Union, and filed regularization cases in late 2002–early 2003, alleging forced “accreditation” and loss of employee status.
- Despite union demands, ABS-CBN reclassified workers under freelance or talent contracts, coerced them to sign new contracts in 2003 and 2007, and summarily dismissed non-signatories between June and September 2010 without notice.
- Procedural History
- Twenty-two (22) workers in G.R. No. 202481 and seventy-two (72) in G.R. Nos. 202495–97 sought regularization before the Labor Arbiter; the NLRC and Court of Appeals (CA) issued conflicting rulings.
- During pendency of regularization actions, twenty (20) workers filed illegal dismissal complaints; some CA divisions declared them regular employees and ordered reinstatement and backwages, others found no employer-employee relationship.
- On February 27, 2019, the Supreme Court consolidated eight petitions under Rule 45 to resolve common issues.
Issues:
- Procedural Issues
- Does the failure to file a motion for reconsideration before the CA render the petitions dismissible?
- Were the workers guilty of forum shopping by filing illegal dismissal cases during pending regularization proceedings?
- Is the CA’s reliance on Jalog v. NLRC (minute resolution) binding on these parties?
- Substantive Issues
- Did an employer-employee relationship exist between ABS-CBN and the workers?
- If so, were the workers regular, project, seasonal, casual or independent contractors?
- Are the workers in the regularization cases entitled to Collective Bargaining Agreement (CBA) benefits?
- Were the workers in the illegal dismissal cases unjustly dismissed, and what remedies do they deserve?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)