G.R. No. 164156 - ABS-CBN Broadcasting Corp. vs. Nazareno

The case involves a petition for review on certiorari filed by ABS-CBN Broadcasting Corporation against Marlyn Nazareno, Merlou Gerzon, Jennifer Deiparine, and Josephine Lerasan.
The Court of Appeals affirmed the National Labor Relations Commission's (NLRC) decision, which declared the respondents as regular employees of ABS-CBN.
The petition challenges the CA's decision and the NLRC's ruling regarding the employment status and benefits of the respondents.

ABS-CBN is a broadcasting company operating television and radio stations, with a franchise and license from the National Telecommunications Commission.
The respondents were employed as production assistants (PAs) for various radio programs at the Cebu Broadcasting Station, receiving a monthly salary of P4,000.
They were required to work a minimum of eight hours daily, including weekends and holidays, and performed various tasks related to broadcasting.

A Collective Bargaining Agreement (CBA) was executed between ABS-CBN and its rank-and-file employees, but the PAs were excluded from this agreement.
On July 20, 2000, ABS-CBN issued a memorandum reassigning the PAs to non-drama programs, which led to the filing of a complaint by the respondents for recognition of regular employment status and various monetary claims.

The Labor Arbiter initially dismissed the complaint due to the respondents' failure to file position papers on time.
After the respondents filed a motion to refile their complaint, the Labor Arbiter admitted their position papers and ruled in favor of the respondents, declaring them regular employees and awarding monetary benefits.

The NLRC modified the Labor Arbiter's decision, ordering ABS-CBN to pay the respondents wage differentials and other benefits arising from the CBA.
The NLRC ruled that the Labor Arbiter had jurisdiction over the respondents' claims and that they were entitled to benefits under the CBA despite not being part of the bargaining unit.

The Court of Appeals dismissed ABS-CBN's petition, affirming the NLRC's findings that the respondents were regular employees and entitled to CBA benefits.
The CA held that the respondents' appeal was timely and that their late submission of position papers did not warrant dismissal of their complaint.

ABS-CBN argued that the CA acted without jurisdiction and erred in affirming the NLRC's decision regarding the respondents' employment status and entitlement to CBA benefits.
The petitioner contended that the reopening of the case was improper and that the respondents were not regular employees but rather project employees.

The respondents maintained that their late appeal was justified and that they were entitled to the benefits under the CBA as regular employees.
They argued that the nature of their work was necessary and desirable to ABS-CBN's business, thus qualifying them for regular employment status.

The Supreme Court emphasized that the perfection of an appeal within the reglementary period is mandatory but may be relaxed in the interest of substantial justice.
The Court found that the NLRC did not abuse its discretion in allowing the reopening of the case and that the Labor Arbiter acted within his authority in admitting the respondents' position papers.

The Court reiterated that employment is considered regular if the employee performs activities necessary or desirable to the employer's business.
The respondents' continuous service for an average of five years established their regular employment status, regardless of their classification as "talents."

The Supreme Court affirmed the CA's decision, ruling that the respondents were regular employees entitled to the benefits under the CBA.
The petition was denied for lack of merit, with costs awarded against the petitioner.

Petition Filed: ABS-CBN challenges the CA's affirmation of the NLRC's ...continue reading