MANILA -- The Court of Appeals (CA) has turned down a motion for reconsideration filed by broadcast firm GMA Network questioning its earlier decision in a labor case which was in favor of 97 of its talents.
In a two-page resolution dated November 25 by Associate Justice Zenaida T. Galapate-Laguilles of the CA's Former Special 14th Division, the CA denied the motion filed by GMA.
Associate Justices Mario V. Lopez and Gabriel T. Robeniol concurred in saying the firm failed to present new evidence to bolster its case.
"After a careful consideration of the motion for reconsideration filed by petitioners GMA Network Inc. and/or Atty. Felipe I. Gozon, we find the arguments set forth therein to be plain reiterations of those issues already deliberated and passed upon. We thus find no compelling reason and warrants a modification much less a reversal of the decision dated February 20, 2019. Wherefore, the instant motion of reconsideration (by GMA) is denied." the CA said.
The CA ruling upheld its earlier decision on the case which came three years after the final entry of judgment by the National Labor Relations Commission (NLRC), declaring members of the Talents Association of GMA Network (TAG) as regular employees of the broadcast network.
In its earlier decision, the appellate court dismissed the broadcast firm's petition for certiorari and ruled that "when the work done is an integral part of the regular business of the employer and when the worker, relative to the employer, does not furnish an independent business or professional service, such work is a regular employment of such employee and not an independent contractor".
Of the complainants, the longest employed was with the company since January 2002.
In a statement, the TAG lauded the decision.
"If GMA takes the option to appeal the decision to the Supreme Court, we will welcome the opportunity to present our case to the High Court, and hopefully carve out jurisprudence that can benefit not just media workers, but all contractual workers in the country," the group said.
"That we are continuing to pursue this case, with meager resources, reflects our commitment to push for better labor conditions in the media industry, no matter how long it takes, no matter where it goes," it added. (PNA)
