Begino v.

ABS-CBN
GR No. 199166 (April 20, 2015)

FACTS:
Nelson Begino and 3 others worked as cameramen/editors and reporters of ABS-
CBN thru Talent Contracts regularly renewed over the years.
Petitioners filed against Respondents a complaint for regularization before LA
alleging that they performed functions necessary and desirable to the business of
the ABS-CBN and that they were subject to the control during their employment.
LA ruled in their favor.
On appeal, NLRC affirmed LAs ruling.
CA, however, reversed LA and NLRCs decision on the ground of the absence of EER.
Hence, this petition.

ISSUE:
WON CA erred in reversing the decision of LA and NLRC on the ground that there is no EER

HELD: Yes.
The test to determine whether employment is regular or not is the reasonable
connection between the activity performed by the employee in relation to the
business of the business/trade of the employer.
Manalo and the others repeatedly hired over the years is indicative that they are
regular employees. Their functions are necessary and essential to ABS-CBNs
business. It matters little that they were hired for specific period and were paid
according to the allocated budget. Employment stops being co-terminous with
specific projects where the employee is continuously rehired due to the demands of
the employers business.
The practice of having fixed-term contracts in the industry does not automatically
make all talent contracts valid and compliant with labor law, it has, consequently,
been ruled that the assertion that a talent contract exists does not necessarily
prevent a regular employment status.