EMPLOYER-EMPLOYEE RELATIONSHIP || LABOR 1

(6) BENIGNO v. ABS-CBN ISSUE

GR 199166 | APRIL 20, 2015
(Elements of Relationship)
Control Test
DOCTRINE
Under the Control 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
FACTS
ABS-CBN, through 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 Villafuerte and
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.
WON petitioners are regular employees of ABS-CBN
(YES)
HELD
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.

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