Case Digest (G.R. No. 167648)
Facts:
In Television and Production Exponents, Inc. (TAPE), a domestic corporation producing the variety show Eat Bulaga!, sued by its president Antonio P. Tuviera, respondent Roberto C. Servaáa maintained he was first assigned as a security guard through Agro-Commercial Security Agency in March 1987 and thereafter absorbed by TAPE as a regular company guard stationed at Broadway Centrum, Quezon City. On 2 March 2000, TAPE issued a memorandum notifying him that his services would end on 3 March 2000 because it would engage a professional security agency. At termination he received a monthly compensation of ₱6,000.00 and alleged that holiday pay, accrued vacation and sick leave, and separation pay were withheld, and that no due process was observed. He filed an illegal dismissal complaint before the Labor Arbiter, which TAPE opposed by characterizing him as an independent contractor and “talent” or “program employee” not covered by the Labor Code. The Labor Arbiter ruled on 29 June 2001Case Digest (G.R. No. 167648)
Facts:
- Parties and Background
- Television and Production Exponents, Inc. (TAPE) is a domestic corporation producing TV programs such as “Eat Bulaga!”; its president is Antonio P. Tuviera.
- Roberto C. Servaña began as a security guard under Agro-Commercial Security Agency in March 1987; in 1995 he was absorbed by TAPE and served until March 2000.
- Employment Relationship and Termination
- Respondent was detailed at Broadway Centrum for live “Eat Bulaga!” productions; at termination he received a monthly salary of ₱6,000.00.
- On 2 March 2000, TAPE issued a memorandum informing respondent of impending dismissal due to TAPE’s decision to engage a professional security agency; termination took effect on 3 March 2000.
- Procedural History
- Labor Arbiter (29 June 2001): Declared respondent a regular employee under Article 280 of the Labor Code, validly terminated for redundancy; ordered separation pay of ₱78,000.00.
- NLRC (22 April 2002): Reversed the Labor Arbiter; held respondent a “program employee,” not a regular employee.
- Court of Appeals (21 Dec 2004 Decision; 8 Apr 2005 Resolution): Reinstated the Labor Arbiter’s finding of regular employment, awarded ₱10,000.00 nominal damages for lack of due process, and denied liability of Tuviera.
- Supreme Court: Elevated via Rule 45 petition to resolve conflicting findings on the existence of an employer-employee relationship.
Issues:
- Whether an employer-employee relationship existed between TAPE and respondent.
- Whether Antonio P. Tuviera, as president of TAPE, is solidarily liable for statutory damages.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)