MANILA – The Court of Appeals (CA) has affirmed its earlier ruling in a labor case involving broadcast giant GMA Network and its technicians in the firm’s Butuan, Surigao and Tandag relay stations.
The CA, in a three-page decision dated March 26, affirmed its February decision upholding the ruling of the National Labor Relations Commission (NLRC) that the technicians are “regular employees entitled to their salaries and benefits.”
“A perusal of the arguments proferred by the petitioners (GMA Network) reveals that no new arguments were raised by them in their motion for reconsideration,” the court said.
“(A) re-examination and re-evaluation of the assailed decision indubitably show that there is indeed no cogent and compelling reason to reverse, modify or amend it. Consequently, this court would not be amiss in ruling that the motion for reconsideration is entirely undeserving of consideration,” the tribunal said.
The technicians, Eldrin S. Padillo, Rowel G. Trigo, Alan J. Atenta, Jeffre E. Balicog, Maurino J. Bitero Jr., and Brixio R. Torion, filed in 2019 a labor complaint for regularization with GMA Network Inc.
They claimed that the broadcast giant is the mother company and alter ego of their employer, RGMA Network Inc.
“Verily, the foregoing totality of circumstances lead this Court to conclude that RGMA has engaged in prohibited labor-only contracting with petitioner GMA (and) as the principal, is deemed the employer of the private respondents,” the CA said in its earlier decision, noting that GMA and RGMA did not present any certificate of registration recognizing RGMA as a legitimate job contractor.
The court also noted that the technicians worked on the premises of GMA, using the equipment provided and owned by GMA, belying the firm's claims that RGMA had an adequate amount of assets and substantial capital.
“In fine, the Court finds that the NLRC did not gravely abuse its discretion when it affirmed the Labor Arbiter’s ruling that RGMA was engaged in labor-only contracting, and that the private respondents are regular employees of petitioner GMA, entitled to their salaries and benefits accorded to them by law.” (PNA)
