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Begino Vs Abscbn

Petitioners worked as cameramen, editors, or reporters for the TV Broadcasting company ABS-CBN under 3-month to 1-year talent contracts and project assignments. They were tasked with daily coverage of news items for ABS-CBN's TV Patrol Bicol Program. Petitioners claimed they worked under the direct control of ABS-CBN, while ABS-CBN argued Petitioners were hired as independent talents. The NLRC ruled Petitioners were regular employees and ordered their reinstatement, but the CA overturned this decision. The Supreme Court then ruled Petitioners were indeed regular employees of ABS-CBN, as ABS-CBN controlled not just the end results but also the manner and means by which Petitioners

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107 views1 page

Begino Vs Abscbn

Petitioners worked as cameramen, editors, or reporters for the TV Broadcasting company ABS-CBN under 3-month to 1-year talent contracts and project assignments. They were tasked with daily coverage of news items for ABS-CBN's TV Patrol Bicol Program. Petitioners claimed they worked under the direct control of ABS-CBN, while ABS-CBN argued Petitioners were hired as independent talents. The NLRC ruled Petitioners were regular employees and ordered their reinstatement, but the CA overturned this decision. The Supreme Court then ruled Petitioners were indeed regular employees of ABS-CBN, as ABS-CBN controlled not just the end results but also the manner and means by which Petitioners

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Ceresjudicata
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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NELSON V. BEGINO, GENER DEL VALLE, MONINA A VILA-LLORIN AND MA.

CRISTINA
SUMAYAO, Petitioners, vs. ABS-CBN CORPORATION (FORMERLY, ABS-CBN BROADCASTING
CORPORATION) AND AMALIA VILLAFUERTE, Respondents.

FACTS: Respondent ABS-CBN, through Respondent Villafuerte, engaged the services of Petitioners as
cameramen, editors or reporters for TV Broadcasting. Petitioners signed regularly renewed Talent
Contracts (3 months - 1 year) and Project Assignment Forms which detailed the duration, budget and
daily technical requirements of a particular project. Petitioners were tasked with coverage of news items
for subsequent daily airings in Respondents’ TV Patrol Bicol Program.

The Talent Contract has an exclusivity clause and provides that nothing therein shall be deemed or
construed to establish an employer-employee relationship between the parties.

Petitioners filed against Respondents a complaint for regularization before the NLRC's Arbitration
branch. In support of their complaint, Petitioners claimed that they worked under the direct control of
Respondent Villafuerte - they were mandated to wear company IDs, they were provided the necessary
equipment, they were informed about the news to be covered the following day, and they were bound by
the company’s policy on attendance and punctuality.

Respondents countered that, pursuant to their Talent Contracts and Project Assignment Forms,
Petitioners were hired as talents to act as reporters, editors and/or cameramen. Respondents further
claimed they never imposed control as to how Petitioners discharged their duties. At most, they were
briefed regarding the general requirements of the project to be executed.

While the case was pending, Petitioners contracts were terminated, prompting the latter to file a second
complaint for illegal dismissal. The Arbitration Branch ruled that Petitioners were regular employees, and
ordered Respondents to reinstate the Petitioners.

The NLRC affirmed the ruling, but the CA overturned the decision.

ISSUE: W/N Petitioners are regular employees of Respondents.

RULING: Yes. Of the criteria to determine whether there is an employer-employee relationship, the so-
called "control test" is generally regarded as the most crucial and determinative indicator of the said
relationship.

Under this test, an employer-employee relationship is said to exist where the person for whom the
services are performed reserves the right to control not only the end result but also the manner and
means utilized to achieve the same.

Notwithstanding the nomenclature of their Talent Contracts and/or Project Assignment Forms and the
terms and condition embodied therein, petitioners are regular employees of ABS-CBN.

As cameramen, editors and reporters, it appears that Petitioners were subject to the control and
supervision of Respondents which provided them with the equipment essential for the discharge of their
functions. The exclusivity clause and prohibitions in their Talent Contract were likewise indicative of
Respondents' control over them, however obliquely worded.

Also, the presumption is that when the work done is an integral part of the regular business of the
employer and when the worker does not furnish an independent business or professional service, such
work is a regular employment of such employee and not an independent contractor.

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