G.R. NO. 199166



Respondent, ABS- CBN hired Amalia Villafuerte as Manager of Regional Network Group in Naga
City ,thru her the Petitioners, Nelson V. Begino (Begino), Gener Del Valle( Del Valle) as
Cameramen/Editors, Ma. Cristina Sumayao ( Sumayao) and Monina Avila-Llorin (Llorin) as
Reporters of TV Patrol Bicol Program, was hired/engaged their services by the respondent thru a
Talent Contracts.

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

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.

and ordered Respondents to reinstate the Petitioners. This so called “control test”. known in the industry as talents. The Arbitration Branch ruled that Petitioners were regular employees. CASE FOR THE RESPONDENT COMPANY: Company claim that Petitioners are not regular employees because the former engage the service of the latter as Independent Contractors. prompting the latter to file a second complaint for illegal dismissal. . . CASE FOR THE COMPLAINANT EMPLOYEES: Petitioners/Employees should be considered as regular employees of Respondent and not as Independent Contractors as stated in Talent Contracts because they performed functions necessary and desirable to ABS-CBN’s business.employee relationship. is the most determinative indicator of presence or absence of employer-employee relationship. thus an Independent Contractors cannot be considered as employees of the Company. (b) The payment of wages (c) The power of dismissal (d) The employer’s power to control the employee on the means and method by which the work is accomplished. ISSUE: Whether or not petitioners are regular employee of respondent and Employer-employee relation exist between the parties. Petitioners contracts were terminated. RATIO DECIDENDI: To determine the existence of employer.While the case was pending. COURT DECISION: The Court ruled that petitioners are regular employees of the company not as Independent Contractors and Employer-employee relation exist among the parties. the court applied the four fold test to wit: (a) The selection and engagement of the employer.

such work is a regular employment of such employee and not an independent contractor. an employer-employee relationship existed 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 use to achieve the same. 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. As cameramen. editors and reporters. Notwithstanding the nomenclature of their Talent Contracts and/or Project Assignment Forms and the terms and condition embodied therein. The exclusivity clause and prohibitions in their Talent Contract were likewise indicative of Respondents' control over them. As cameramen/editors and reporters petitioners were performing functions necessary and essential to ABS-CBN’s business of broadcasting television and radio content.Under this test. . 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. petitioners are regular employees of ABS-CBN.