2iera0%8 DUMPET MURILLO VS. CA AND ABC FACTS: ‘Thelma Dumpit Murillo was employed as ‘newscaster and a co-anchor for Balitan-balita by the Associated Broadcasting Company on October 2, 1995. The contract was for a period Fo eR OF ePlRER neal Pe ROREEES talent contract expired. No contract was again enteredinto by the parties to the previous contract. The petitioners then wrote a letter demanding her reinstatement to her former position, payment of backwages and services (On December 30, 1999, petitioner filed case ‘gainst ABC for illegal constructive dismissal The labor arbiter ruled in favor of ABC. The NLRC however reversed the decision and ruled ‘that an employer-employee relationship existed between petitioner and respondent and that PERE Whet The caawleeeRBIPHRE UA Ye Appeals, the latter decided that Petitioner should not be allowed to renege from the Stipulations she had voluntarily and knowingly executed by invoking the security of tenure of ‘the Laber Code, hence this appeal ISSUE: WON an _emplayee-employer relationship existed between ABC and Petitioner and was she illegally dismissed, HELD: held thet penance wat a Ped tern employee Petitioner was a regular employee under contemplation of law. The practice of having fixed term contracts in the industry does not ‘automatically make all talent contracts valid ‘nd compliant with labor law In Menile Woter Company vs. Pena, the elements to determine the existence of on employer employee relationship are: (a) the selection and engagement of the employee (6) ‘the payment of wages, (c) the power of dismissal, (2) the employers power to control The duties of the Petitioner as enumerated in her employment contract indicate that ABC had DUMPIT MURILLO VS control over the wrk ofthe Petitioner Aside from convl, ABC algo dicted. the work assignments ad payment of Petitioner wages, ARC alo had the power denis he. Al These being present, clear there. existed an tmplyer-enployee reltionhip between Petitioner and ABC Concerning rege employment. the Low provides fort thas of tnployecs. (9 hate tngaged to perform acts which oe ually necestry or desrble tothe ual busines or trade of the employer, (2) those who have rendered atleast one yar of service, whether "he Peitiners work was necessary ot desiabe inthe ual business or trode ofthe templyer which includes ie portlpoin ithe Governmente news ond pble information diseninaton, In adsiion, her work, wos oninuos for four years Her contract was tenened for over 18 tines, Tis repetitive Tenens wer inlenve of Peifones¢ wor desiebity an necessity. Hence is concluded that she i reglr employee MANILA ELECTRIC COMPANY VS BENAMIRA Facts: The individual respondents are licenced security guards formerly employed by Peoples Security Incorporated and deployed in the premises of MERALCO. On Nevember 30,1990, ‘the security service agreement between PSI and MERALCO was terminated. Immediately ‘thereafter the fifty six security guards filed « ‘complaint for monetary benefits. On December 11990, MERALCO and Armed Security and Detective Agencytis contract took effect and the respondents were absorbed, Again on July 25, hps:wurw serbd.comidoc/419515 10/DUMPIT-MURILLO-VSidownlnad&trom_ombed we2iera0%8 DUMPIT MURILLO VS ‘You're reading a preview. Unlock full access with a free trial Page 2 is not shown in this preview. hps:wurw serbd.comidoc/419515 10/DUMPIT-MURILLO-VSidownlnad&trom_ombed Download With Free Trial 22