G.R. No. 184885 - Ymbong vs. ABS-CBN Broadcasting Corporation

Ernesto G. Ymbong began working for ABS-CBN Broadcasting Corporation (ABS-CBN) in 1993 at its regional station in Cebu.
Initially, he was a television talent co-anchoring shows such as "Hoy Gising" and "TV Patrol Cebu."
In 1995, he expanded his role to work in radio when ABS-CBN Cebu launched its AM station DYAB, performing as drama and voice talent, spinner, scriptwriter, and public affairs program anchor.
Leandro Patalinghug was another talent at ABS-CBN Cebu, working as talent, director, and scriptwriter for various radio programs.

On January 1, 1996, ABS-CBN Manila issued Policy No. HR-ER-016 titled "Policy on Employees Seeking Public Office."
Key provisions required employees intending to run for public office to file a letter of resignation at least 30 days prior to certifying candidacy.
Employees intending to campaign aggressively for a candidate or political party were required to file a leave of absence.

In view of the May 1998 elections, Luzon issued a memorandum requiring any employee/talent filing their certificate of candidacy to file a leave of absence.
Luzon later admitted that upon review, the original company policy required resignation for running candidates and suspension for campaigners.

Ymbong communicated to Luzon his intent to campaign for the administration ticket, later running for councilor at the last moment.
Ymbong claimed he submitted a leave of absence from March 8 to May 18, 1998, but did not resign.
Patalinghug formally resigned via letter dated April 13, 1998, acknowledging company policy requiring resignation when running for public office.
Both lost the elections and sought to return to ABS-CBN Cebu but were informed by Luzon that they could not resume due to company policy.

ABS-CBN allowed them to finish their involvement in the radio drama "Nagbabagang Langit" but later terminated their participation.
Ymbong received a memorandum dated September 14, 1998, informing him of immediate termination due to running for public office.
Both filed illegal dismissal complaints.
The Labor Arbiter found labor relations existed and declared their dismissal illegal, ordering reinstatement and back wages.
ABS-CBN appealed, contending that Ymbong and Patalinghug were independent contractors and not employees, and that the dismissal was in line with company policy.

The NLRC modified the Labor Arbiter's decision by declaring Patalinghug resigned but found Ymbong illegally dismissed and entitled to reinstatement and back wages.
ABS-CBN filed a certiorari petition before the Court of Appeals (CA) alleging grave abuse of discretion, disputing the employee status and application of the policy.
The CA reversed the NLRC, declaring that Ymbong resigned when he ran for office according to Policy HR-ER-016, thus no illegal dismissal occurred.

Ymbong argued the policy violated constitutional rights and was not properly applied, contending lack of due process.
ABS-CBN argued the policy was valid, supported by case law and Republic Act No. 9006, to maintain political neutrality and objectivity.

Whether Policy No. HR-ER-016, requiring resignation for employees running for public office, is valid.
Whether the March 25, 1998 Memorandum issued by Dante Luzon superseded the existing Policy No. HR-ER-016.
Whether Ernesto G. Ymbong was deemed resigned or illegally dismissed when he filed his certificate of candidacy and ran for elective office.
Whether Ymbong was an employee or an independent contractor, impacting the jurisdiction and applicability of labor laws.