Supreme Court façade
MANILA – The Supreme Court has dismissed a petition filed by a television broadcaster against broadcasting firm ABS-CBN over her dismissal in 1996.
In its 22-page decision recently uploaded online, the SC said Carmela C. Tiangco is an "independent contractor" and not an employee of the company.
Tiangco had sued the company for illegal dismissal after she was placed under a three-month suspension without pay as co-anchor in TV Patrol and Mel & Jay radio program on Jan. 16, 1996 for appearing in a detergent commercial in December 1995.
She sued ABS-CBN before the labor arbiter on March 11, 1996, which ruled in her favor.
The National Labor Relations Commission (NLRC), however, reversed the arbiter's ruling.
After the approval by the Court of Appeals of a partial settlement agreement (PSA) with ABS-CBN, Tiangco took the case to the Supreme Court.
She said her monetary claims were not fully settled under the PSA as her claims for separation pay, moral damages, and lawyer's fees were still unsatisfied.
In ruling that Tiangco had not been a mere employee, the SC said "acknowledgment that she was hired by reason of her peculiar talents, skills, personality, and celebrity status proved the presence of one of the elements of an independent contractor."
"Unlike ordinary employees, who are usually in a position of weakness, petitioner had a say on the terms of her engagement," it stated.
Tiangco had sought PHP7.17 million in separation pay and moral damages, as well as lawyer's fees, which were not included in the PSA approved by the CA.
"We hold that petitioner (Tiangco) is still not entitled to these claims based on the finding that petitioner is not an employee of ABS-CBN," the SC said. (PNA)
