SC FINDINGS AND RECOMMENDATIONS

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ABS-CBN’s laborpractices are less thanexemplary.engagement of the employee or where the work or service to beperformed is seasonal in nature and the employment is for theduration of the season.An employment shall be deemed to be casual if it is not coveredby the preceding paragraph: Provided, That any employee whohas rendered at least one year of service, whether suchservice is continuous or broken, shall be considered aregular employee with respect to the activity in which he isemployed and his employment shall continue while such activityexists. 76Former employees who previously filed cases against ABS-CBN testified that they wereillegally dismissed because they formed unions. They assert that their dismissal violates theirright to organize — to form, join or assist unions, organizations or associations for purposesof collective bargaining and negotiation and for mutual aid and protection. They also claimthat they were performing the functions of regular employees. 77These former employees declared that they were made to sign employment contractscontaining a waiver of the right to regularization. Those who refused to sign an employmentcontract containing a waiver of regularization were downgraded to project employees and laterdismissed. The dismissed employees were only informed of their termination through textmessages from their supervisors that they should not report for work anymore or they werenot scheduled for work. 78ABS-CBN’s reason in failing to regularize many of its employees is the “uniqueness” of theirindustry, claiming that many of these employees are hired for specific programs and sinceprograms don’t last forever, neither does their employment.The Committee pointed out to ABS-CBN that the bread and butter of ABS-CBN comes fromthe production and intellectual creations of employees, who are mostly non-regulars, includingmake-up artists, camera personnel, and similar workers who perform tasks that are necessaryand desirable to the business of ABS-CBN. 79Many of these workers have been serving ABS-CBN for more than 10, 15, or even 20 years.Their length of service is a testament to their competence, loyalty and dedication. Ironically, itis ABS-CBN’s independent contractors and talents who produce the programs which generatethe biggest source of income for the company. 80From 2007 to 2020, ABS-CBN was a party in 109 illegal dismissal cases in the National LaborRelations Commissions, with a majority or more than 60% of cases decided in favor of the76Article 280, Labor Code; emphasis supplied.77TSN of the 29 June 2020 hearing, at VII-1 to 6.78TSN of the 29 June 2020 hearing, at VII-1 to 6.79TSN of the 30 June 2020 hearing, at VI-13.80TSN of the 30 June 2020 hearing, at V-6.22
workers. 81 The cases filed, decided and pending against ABS-CBN narrate its constant attemptto circumvent labor laws and its apparent low regard for its employees.In ABS-CBN Broadcasting Corporation v. Marlyn Nazareno et al. 82 , for example, the respondentswere production assistants hired continuously for more than 5 years for various radio programsof ABS-CBN. In ruling that the respondents were regular employees, the Court stated that“the primary standard therefore of determining regular employment is the reasonableconnection between the particular activity performed by the employee in relation to the usualtrade or business of the employer.” The Court further stated that even if one is a project orseasonal employee, one who has rendered at least one year of service, whether continuous orintermittent, is deemed regular with respect to the activity performed and while such activityactually exists.”In Augorio Dela Rosa v. ABS-CBN Corporation 83 , while the Court upheld the petitioner's dismissalfor just cause, the Court ruled that he was a regular employee since he was repeatedly hiredunder fixed-term contracts. “For a fixed-term employment contract to be valid, it must beshown that the fixed period was knowingly and voluntarily agreed upon by the parties, whodealt with each other on more or less equal terms with no moral dominance being exercisedby the employer over the employee. Moreover, while fixed-term employment contracts havebeen recognized to be valid, the Court has held that if it is apparent that the period has beenimposed to preclude acquisition of tenurial security by the employee, then such period mustbe struck down for being contrary to law, morals, good customs, public order, and publicpolicy.” “Case law holds that the repeated engagement under a contract of hire is indicative ofthe necessity and desirability of the employee’s work in the employer’s business; and if anemployee’s contract has been continuously extended or renewed for the same position, withthe same duties, without any interruption, then such employee is a regular employee.”The Court held in Begino v. ABS-CBN Corporation 84 that notwithstanding the nomenclature ofthe Talent Contracts and/or Project Assignment Forms and the terms and conditionsembodied therein, petitioners are regular employees of ABS-CBN. As cameramen, editors, andreporters, petitioners were undoubtedly performing functions necessary and essential to ABS-CBN’s business of broadcasting television and radio content. ABS-CBN’s repeated hiring ofpetitioners for its long running news program positively indicates that the latter were ABS-CBN’s regular employees.In a number of cases, ABS-CBN has also been found guilty of bad faith in treating itsemployees. In Farley Fulache et al. v. ABS-CBN, 85 after four drivers were found to be regularemployees by the Labor Arbiter and pending appeal by ABS-CBN, the latter dismissed thefour drivers supposedly since their jobs have been contracted out, In ruling against thecompany, the Court held that ABS-CBN acted with plain and unadulterated bad faith indismissing its employees. “It [ABS-CBN] merely claimed that it was contracting out thepetitioners’ activities in the exercise of its management prerogative. ABS-CBN’s intent, ofcourse, based on the records, was to transfer the petitioners and their activities to a servicecontractor without paying any attention to the requirements of our labor laws; hence, ABS-CBN dismissed the petitioners when they refused to sign up with the service contractor. Inthis manner, ABS-CBN fell into a downward spiral of irreconcilable legal positions, all81TSN of the 29 June 2020 hearing, at VII-9.82G.R. No. 164156, September 26, 2006.83G.R. No. 242875, August 28, 2019.84G.R. No. 199166, April 20, 2015.85G.R. No. 183810, January 21, 2010.23
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SC FINDINGS AND RECOMMENDATIONS

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