Fulache v. ABS CBN (Digest)

FULACHE v.
ABS-CBN BROADCASTING CORPORATION

GR No. 183810 – January 21, 2010 – Brion
FACTS:
 Petitioners, who are drivers, cameramen, editors, among others, of respondent ABS-
CBN, filed a complaint for regularization, unfair labor practice and several money claims
against the latter.
 They alleged that on Dec. 17, 1999, ABS-CBN and the ABS-CBN Rank-and-File
Employees Union executed a collective bargaining agreement. However, they were
excluded from its coverage as ABS-CBN considered them temporary and not regular
employees.
 Petitioner then claim that they had already rendered more than a year of service in the
company and, therefore, should have been recognized as regular employees entitled to
security of tenure and to the privileges and benefits enjoyed by regular employees.
 ABS-CBN alleged that the petitioners’ services were contracted by its Cebu station as
independent contactors/off camera talents.
 According to ABS-CBN, as talents, petitioners are considered independent contractors
that are paid a pre-arranged consideration called “talent fee” taken from the budget of a
particular program; they do not undergo probation; that their services are engaged for a
specific program or production, and that their contract are terminated once the program,
production or segment is completed.
Labor Arbiter: it ruled that petitioners are regular employees of ABS-CBN.
 In the course of ABS-CBN’s appeal, it suddenly terminated petitioners’ services because

the latter refused to sign up with a certain service contractor. Hence, a case for illegal
dismissal was instated.
Labor Arbiter: As to the illegal dismissal case, it ruled in favor of ABS-CBN. It found that
petitioners had been dismissed due to redundancy, an authorized cause under the law.
NLRC: affirmed the LA’s decision that petitioners are regular employees of ABS-CBN because
there was an employer-employee relationship between the petitioners and ABS-CBN. Also, the
company exercised control over the petitioners in the performance of their work. As to the illegal
dismissal case, the NLRC found that petitioners had been illegally dismissed.
CA On the case of regularization, it ruled that the petitioners are regular employees of ABS-
CBN. However, petitioners failed to prove their claim to CBA benefits since they never raised
the issue in the compulsory arbitration proceedings and that they failed to show that the
provision of the CBA applied to them. As to the illegal dismissal case, it ruled that petitioner
were not illegally dismissed as their separation from the service was due to redundancy.
ISSUE: WON petitioners are entitled to CBA benefits. WON petitioners are illegally dismissed.
HELD: Yes. CA decision is reversed and set aside.

Petitioners are entitled to CBA benefits
Art. 1 of the CBA provides that “the appropriate bargaining unit shall be regular rank-and-file
employees of ABS-CBN but shall not include: a) Personnel classified as Supervisor and
Confidential employees; b) Personnel who are on “casual” or “probationary” status…; c)
Personnel who are on “contract” status or who are paid for specified units of work...”
Under these terms, the petitioners are members of the appropriate bargaining unit because they
are regular rank- and-file employees and do not belong to any of the excluded categories.
Specifically, nothing in the records shows that they are supervisory or confidential employees;
neither are they casual nor probationary employees. Most importantly, the labor arbiter’s
decision—affirmed all the way up to the CA level—ruled against ABSCBN’s submission that
they are independent contractors. Thus, as regular rank-and-file employees, they fall within CBA
coverage under the CBA’s express terms and are entitled to its benefits.
Petitioners are illegally dismissed

The SC ruled that ABS-CBN acted with patent bad faith. This is supported by the following:
1. After the LA’s ruling that petitioners are regular ABS-CBN’s employees, ABS-CBN
terminated the petitioners because they refused to sign up with the service contractor.
ABS-CBN’s intent was to transfer them and their activities to a service contractor.
2. By claiming redundancy as authorized cause for dismissal, it impliedly admitted that the
petitioners were regular employees whose services, by law, can only be terminated for
the just and authorized causes defined under the Labor Code.
3. ABS-CBN neglect the fact that it had an existing CBA with a union, which agreement
must be respected in any move affecting the security of tenure of affected employees.
4. By implementing the dismissal action at the time the labor arbiter’s ruling was under
review, the company unilaterally negated the effects of the labor arbiter’s ruling while at
the same time appealling the same ruling to the NLRC. This unilateral move is a direct
affront to the NLRC’s authority and an abuse of the appeal process.
Under 279 of the Labor Code, illegally dismissed employees are entitled to reinstatement without
loss of seniority rights and other privileges and to full backwages, inclusive of allowances, and to
other benefits or their monetary equivalent from the time their compensation was withheld from
them up to the time of their actual reinstatement.
Petition granted.

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FULACHE v.

ABS-CBN BROADCASTING CORPORATION

Labor Arbiter: it ruled that petitioners are regular employees of ABS-CBN.

 In the course of ABS-CBN’s appeal, it suddenly terminated petitioners’ services because

HELD: Yes. CA decision is reversed and set aside.

Petitioners are illegally dismissed

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