Title
Orozco vs. Court of Appeals
Case
G.R. No. 155207
Decision Date
Aug 13, 2008
Columnist Wilhelmina Orozco claimed illegal dismissal by PDI; SC ruled her an independent contractor, not an employee, due to lack of control over her work process.

Case Digest (G.R. No. 155207)
Expanded Legal Reasoning Model

Facts:

  • Engagement of Petitioner
    • In March 1990, Philippine Daily Inquirer (PDI) engaged Wilhelmina S. Orozco as a weekly columnist for its Lifestyle section, paying her ₱250.00 per column (later increased to ₱300.00). She submitted articles weekly and even during a six-month stay in New York City.
    • On November 7, 1992, her column appeared for the last time. She was informed by her editor, Lita T. Logarta, that Editor in Chief Leticia Magsanoc and PDI Chairperson Eugenia Apostol decided to discontinue her column without clear justification.
  • Procedural History
    • Labor Arbiter Decision (October 29, 1993) – Found Orozco to be a PDI employee, ordered her reinstatement with backwages, 13th month pay, and service incentive leave pay; dismissed other claims. NLRC Second Division (August 23, 1994) affirmed, noting PDI’s failure to post appeal bond and no substantial error in finding control over Orozco’s work.
    • Court of Appeals (June 11, 2002; MR denied September 11, 2002) – On certiorari, set aside NLRC decision and dismissed Orozco’s complaint, holding she was an independent contributor, not an employee.
    • Supreme Court Proceedings – Petition for review under Rule 45 filed; SC initially required PDI to post bond (Resolution, April 29, 2005), which PDI did on January 25, 2007. SC then took up the merits.

Issues:

  • Whether a newspaper columnist constitutes an employee of the publishing newspaper under Philippine labor law.
  • If employment exists, whether petitioner was illegally dismissed by PDI.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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