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Benigno V. Abs-Cbn: Control Test

The Supreme Court ruled that the petitioners were regular employees of ABS-CBN despite being labeled as talents in their contracts. While the contracts referred to them as independent contractors, the Court found that ABS-CBN exercised control over the manner and means by which the petitioners completed their work as cameramen, editors, and reporters. ABS-CBN provided equipment and assigned stories to cover, demonstrating an employer-employee relationship under the control test. As their work was integral to ABS-CBN's business, the petitioners were considered regular employees, not independent contractors. The Court ordered their reinstatement after their contracts were terminated.

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Anthony Choi
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102 views1 page

Benigno V. Abs-Cbn: Control Test

The Supreme Court ruled that the petitioners were regular employees of ABS-CBN despite being labeled as talents in their contracts. While the contracts referred to them as independent contractors, the Court found that ABS-CBN exercised control over the manner and means by which the petitioners completed their work as cameramen, editors, and reporters. ABS-CBN provided equipment and assigned stories to cover, demonstrating an employer-employee relationship under the control test. As their work was integral to ABS-CBN's business, the petitioners were considered regular employees, not independent contractors. The Court ordered their reinstatement after their contracts were terminated.

Uploaded by

Anthony Choi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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EMPLOYER-EMPLOYEE RELATIONSHIP || LABOR 1

(6) BENIGNO v. ABS-CBN ISSUE


GR 199166 | APRIL 20, 2015 WON petitioners are regular employees of ABS-CBN
(Elements of Relationship) (YES)
Control Test
HELD
DOCTRINE Of the criteria to determine whether there is an
Under the Control Test, an employer-employee employer-employee relationship, the so-called "control
relationship is said to exist where the person for whom test" is generally regarded as the most crucial and
the services are performed reserves the right to control determinative indicator of the said relationship.
not only the end result but also the manner and means
utilized to achieve the same Under this test, an employer-employee relationship is
said to exist where the person for whom the services
FACTS are performed reserves the right to control not only the
ABS-CBN, through Villafuerte, engaged the services of end result but also the manner and means utilized to
petitioners as cameramen, editors or reporters for TV achieve the same.
Broadcasting. Petitioners signed regularly renewed
Talent Contracts (3 months - 1 year) and Project Notwithstanding the nomenclature of their Talent
Assignment Forms which detailed the duration, budget Contracts and/or Project Assignment Forms and
and daily technical requirements of a particular project. the terms and condition embodied therein,
Petitioners were tasked with coverage of news items petitioners are regular employees of ABS-CBN.
for subsequent daily airings in Respondents TV Patrol
Bicol Program. As cameramen, editors and reporters, it appears that
petitioners were subject to the control and supervision
The Talent Contract has an exclusivity clause and of respondents which provided them with the
provides that nothing therein shall be deemed or equipment essential for the discharge of their functions.
construed to establish an employer-employee The exclusivity clause and prohibitions in their Talent
relationship between the parties. Contract were likewise indicative of Respondents'
control over them, however obliquely worded.
Petitioners filed against Respondents a complaint for
regularization before the NLRC's Arbitration branch. Also, the presumption is that when the work done is an
integral part of the regular business of the employer
In support of their complaint, Petitioners claimed that and when the worker does not furnish an independent
they worked under the direct control of Villafuerte and business or professional service, such work is a regular
they were mandated to wear company IDs, they were employment of such employee and not an independent
provided the necessary equipment, they were informed contractor.
about the news to be covered the following day, and
they were bound by the companys policy on
attendance and punctuality.

ABS-CBN and Villafuerte countered that, pursuant to


their Talent Contracts and Project Assignment Forms,
petitioners were hired as talents to act as reporters,
editors and/or cameramen. ABS-CBN 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.

CHAN GOMASAN OF SITO BERDE

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