Republic of the Philippines Department of Labor and Employment NATIONAL LABOR AND RELATIONS COMMISSION Quezon City
CHRISTIAN BOCHEE M. CABALUNA ET AL., Complainants, -versus-
NLRC NCR Case No. 06-06683-14
GMA NETWORK INCORPORATED / MR. FELIPE GOZON. Respondents. x------------------------------------------x
REPLY COMPLAINANTS CHRISTIAN BOCHEE M. CABALUNA ET AL., AL., by counsel, unto this Honorable Office, respectfully state: 1. The allegations allegati ons and arguments of respondents in their Position Paper should be brushed aside for being baseless and for lack of merit. 2. Primarily, respondents argue that complainants are not their employees as provided for in the General Terms of the Talent Agreement signed by the parties. Accordingly, Accordingly, paragraph 23 of the General Terms provides, to wit: ―23. This agreement does not establish on employer-employee relationship between GMA and TALENT. TALENT agrees that as an independent contractor, TALENT is not entitled to any rights and benefits granted to regular employees of GMA other than those specifically provided herein.‖ 3. Contrary to the position of respondents, respondents, paragraph 23 of the General Terms, as quoted above, is not determinative of the existence of employer-employee relationship between the parties. Complainants submit that paragraph 23 of the General Terms should bow down to the provision of Article 280 of the Labor Code, which provides, to wit:
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― ARTICLE ARTICLE 280. Regular and casual employment. – employment. – The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.‖ season. ‖ (underlining supplied) 4. As previously cited by complainants in their Position Paper, the employment status of a person is defined and prescribed by law and not by what the parties say it should be. (Industrial Timber Corporation vs. NLRC, G.R. No. 83616, January 20, 1989, 169 SCRA 341,348; Insular Life Assurance, Inc. vs. NLRC, G.R. No. 119930, March 12, 1993, 287 SCRA 476, 483). 5. In addition, it is a well settled doctrine that the nature of one’s employment depends neither on the will or word of the employer nor on the procedure of hiring and the manner of designating the employee, but on the nature of the activities to be performed performed by the employee, considering the employer’s nature of business and the duration and scope of the work to be done (Abasolo v. NLRC, G.R. No. 118475, November 29, 2000, Bernardo v. NLRC, G.R. No. 122917, July 12,1999, 310 SCRA 186; San Miguel Corp. v. NLRC, G.R. No. 125606, October 7, 1998, 297 SCRA 277; Raycor Aircontrol Systems, Inc. v. NLRC, G.R. No. 114290, September September 9, 1996, 261 SCRA 589). 6. Clearly, the existence of employer-employee employer-employee relationship between the parties is to be determined not only by the Talent Agreement and its General General Terms but by law, more more particularly Article 280 of the Labor Code as quoted above. 7. At any rate, a closer examination of the provisions of the Talent Agreement and its General Terms shows that there is an employer-employee relationship between respondents and complainants, complaina nts, since respondents exercise control over the means and methods by which complainants are to perform their work.
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8. The following provisions in the General Terms show that respondent GMA has control over complainants, to wit: ―RESPONSIBILITIES 4. TALENT shall attend every production of the PROGRAM(s), including rehearsals, recordings, tapings, pre- and post-production sessions and meetings, according to such schedules as may be set by GMA. TALENT’s services may also be required for other production, merchandising or promotional purposes and for other special projects of GMA outside of the PROGRAM(s) with no additional compensation, subject to TALENT’s availability. 5. TALENT shall not render, for compensation compensat ion or otherwise, service for or in any television/ radio program, show, promotion or event of any other broadcast media entity other than GMA and its subsidiaries and affiliates without the written consent of GMA. This provision shall likewise apply to any production, promotion, program or event of any enterprise, aired or broadcast in said media entity, in which the TALENT is engaged to perform service or a party of any kind. Xxx
xxx
xxx
10. TALENT will abide by the program standards, policies, rules and regulations of GMA (insofar as they cover talents) including the GMA News and Public Affairs Ethics and Editorial Manual, the government or any of its agencies or instrumentalities and shall show the highest degree of propriety and professionalism at all times. TALENT hereby acknowledges being informed of or having received copies of said standards, policies, rules and regulations. TALENT shall be under the direct supervision of the assigned Program Manager. 11. TALENT shall liquidate and/or return all monies monies received as cash advance/s within the period provided in the policy on Cash Advance of GMA. Failure to do so shall cause the termination of this Agreement without prejudice to the right of GMA to recover the unliquidated amount/s from TALENT. Xxx
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xxx
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GMA’S RIGHTS 13. GMA retains all creative, editorial, administrative, administrative, financial and legal control over the PROGRAM(s) and TALENT shall defer to GMA’s judgment on the foregoing aspects of production. GMA reserves the right to modify or change the format of the PROGRAM(s) and Airing Schedule(s) for more effective programming. Xxx
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xxx
RENEWAL AND TERMINATION 19. This Agreement may, at the exclusive option and discretion of GMA, be terminated at any time before the expiration expiration of the Term upon thirty (30) days’ prior written notice to TALENT. At GMA’s sole and absolute discretion, this Agreement may also be suspended or terminated immediately at any time for any of the following causes: (a) TALENT is found to have committed a breach of any of his or her obligations or warranties under this contract; (b) TALENT’s performance, efficiency record or quality of work fails to meet the standards of GMA which were previously disclosed to TALENT; xxx 20. Should GMA cancel or suspend the PROGRAM(s), GMA shall have the exclusive option to assign TALENT to another program or retain TALENT as an exclusive talent even without a specific assignment. In either of these cases, GMA shall pay the Talent Fee, and Talent, in turn, shall be obligated not to render any service for or in any other radio, television, cable or internet production of any person, firm or corporation or any entity competitive with GMA for the remainder of the Term. Should GMA not exercise any of these options, then the provisions of the previous paragraph shall govern. 21. TALENT hereby grants to GMA the exclusive and irrevocable option to renew this contract under the same terms and conditions and for the same period. The agreement is deemed renewed upon the service by GMA of a written notice of renewal to the TALENT prior to the expiration of this Contract.‖ Contract.‖
9. Indeed, measured by the length and extent by which respondents have control over complainants in their work as cited above, such as: attendance in activities according to the schedule set
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by respondents; assignment to additional tasks outside the program stipulated in the contract; exclusivity in the services performed by complainants in favor of respondents; coverage in the program standards, policies, rules and regulations set by respondents; cash advance privilege and liquidation; control by respondents in all aspects of production, including the format of production; power of respondents to suspend or terminate complainants; and the sole prerogative of respondents to renew the contract. All of these are indicative of an employer-employee employer-employee relationship. 10. To further demonstrate the existence or absence of an employer-employee relationship between complainants and respondents, both parties have referred in their respective Position Papers to the four-fold test in determining employer-employee relationship, as follows: (1) the manner of selection and engagement; (2) the payment of wages; (3) the presence or the absence of the power of dismissal; and (4) the presence of the absence of the power of control ( Abante Abante v. Lamadrid Bearing and Parts Corp. Corp. (G.R. No. 159890, May 28, 2004, 430 SCRA 368). 11. As regards the criteria of the power to dismiss, respondents erroneously erroneously allege in their Position Paper that it ―is not in a position to dismiss or sanction complainants in whatever manner because they are not its employee‖ (p.100, respondents’ Position Paper). Nothing can be farther from the truth. Contrary to the allegation of respondents, GMA exercises the power to discipline complainants, including the imposition of penalty from suspension to dismissal. 12. It will be pointed out that in the past, respondents take no hesitation in the exercise of the power to dismiss or the power to discipline complainants. On occasions, respondents have issued to complainants memoranda requiring them to explain in writing for alleged violations of instructions and/or rules and regulations and consequently imposed upon them disciplinary sanctions, such as suspension. Copies of some memoranda issued to complainants showing the exercise of discipline over complainants are attached hereto as Annexes “F” to “F-23”, to wit: ANNEX
DESCRIPTION OF DOCUMENT
F
Notice to Explain from Program Manager Lee Joseph M. Castel to Leonardo Leonor, Cameraman, dated 12 August 2013.
F-1
Memorandum Noted by Program Manager Lee
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Joseph M. Castel to Leonardo Leonor, Cameraman, dated 14 February 2011. F-2
Memorandum Memorandum of ―First Warning‖ from Karen Canlas-Lumbo, Program Manager to Regit Adrian Antonio, Production Production Assistant Assistant dated dated 22 June June 2010.
F-3
Notice to Explain from Lloyd Navera, Program Manager to Zarah Jane Misuela, Production Assistant dated 9 January 2014
F-4
Notice to Explain from Program Manager to Rems Bandiola, Writer/Producer dated 31 October 2010.
F-5
Notice of Suspension from Program Manager to Rems Bandiola, Writer/Producer dated 15 November 2010.
F-6
Notice to Explain from Angeli G. Atienza, Program Manager to Michael Manalaysay, Team Leader dated 31 January 2012.
F-7
Notice of Decision from Angeli G. Atienza, Program Manager to Michael Manalaysay, Team Leader dated 24 February 2012.
F-8
Notice of Final Decision on Suspension from Arlene Carnay, Carnay, AVP AVP Public Public Affairs to Michael Michael Manalaysay, Team Leader dated 29 February 2012.
F-9
Notice of Decision from Lloyd Navera, Program Manager to Stephen Patricio, Executive Producer dated 19 July 2013.
F-10
Incident Report from Lloyd Navera, Program Manager to Stephen Patricio, Executive Producer dated 9 January 2014.
F-11
Memorandum on Tardiness Policy for Public Affairs from Lloyd Lloyd Navera, Program Manager Manager dated 29 April 2014.
F-12
Notice to Explain from Neil B. Gumban, Assistance Vice President to Harvey Bayona, Executive Producer dated 3 October 2012.
F-13
Notice of Decision from Karen C. Lumbo to Harvey Bayona, Executive Producer dated 14 October 2014.
F-14
Written Reminder from Kelly B. Vergel de Dios, Administrative Administrative Manager Manager to Jayson Jayson Bernard Bernard B. B. Santos and Karen Ann A. Velarde dated 6 February 2008.
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F-15
House Rules for News and Public Affairs/ QTV News & Public Affairs as attached to Annex ―F 14‖.
F-16
Notice of Decision from Karen C. Lumbo to Researcher dated 14 October 2014.
F-17
Notice to Explain from Nena Celle Dumol, Program Manager to Rochelle Marcelo, Researcher dated 3 May 2012.
F-18
Notice to Explain from Neil B. Gumban, OICCluster B/ AVP to Mary Rose M. Castro, Researcher dated 22 June 2011.
F-19
Memorandum on Replacement Fee for Lost/ Damaged or Stolen ID’s and Penalties for Loaning / Misusing Media ID’s from Administrative Manager, News and Public Affairs to News and Public Affairs and EFOD/OB Van Field Personnel dated 31 March 2008.
F-20
Notice to Explain / Late Liquidation from Sherilyn Bruan, Program Manager to Archibald Formales, Researcher dated 20 December 2013.
F-21
Notice to Explain Leogarda S. Matias, OIC Public Affairs to John Criel Criel Candelaria, Candelaria, Segment Segment Producer dated 23 November 2012.
F-22
Notice of Decision from Leogarda S. Matias, OIC Public Affairs to John Criel Candelaria, Segment Producer dated 6 December 2012.
F-23
Notice to Explain from Lloyd Navera, Program Manager to Mary Rose Castro, Segment Producer, Mark Anthony Norella, Segment Producer, Nastassia Simmone Olivar, Segment Producer, Gemmalyn Masanga, Segment Producer, Mariel Daguman, Segment Producer, Ronelie Siervo, Researcher, Jerica Herga, Researcher, Fernanne Gulapa, Researcher, and Arra Trisha Papica, Researcher dated 01 October 2014.
13. On the criteria of the power to hire, respondents erroneously claim in their Position Paper that ―Complainants never filed any application for employment with respondents responde nts GMA‖ (p.100, respondents’ Position Paper). Contrary to to such allegation of respondents, complainants did file their respective applications for employment with GMA. Complainants were made to undergo an examination and interview conducted by the officers of GMA before they were finally hired. Complainants were likewise made to submit
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various documents such as medical certificate and clearances as an integral part of the hiring process of GMA. Copies of some samples of the Talent Requirements Checklist, application letter of complainant Jerome M. Nebres addressed to Ms. Lilybeth G. Rasonable, Senior Vice President, Entertainment TV Group, medical pre-employment exam of complainant, News and Public Affairs Examination of complainant Ivy Suzette A. Gucilatar, resume of complainant Ivy Suzette A. Gucilatar, and Ethics Test of complainant Ivy Suzette A. Gucilatar, submitted by complainants to GMA in the process of their application for employment are attached hereto as Annexes “F-24” to “F-29”, to wit: ANNEX
DESCRIPTION OF DOCUMENT
F-24
News and Public Affairs Talent Requirements Checklist
F-25
Application Application Letter of of Jerome M. Nebres to Lilybeth Lilybeth G. Rasonable, Senior Vice President, Entertainment TV Group dated 3 April 2014.
F-26
Pre-employment Exam (Medical) Form
F-27
News and Public Affairs Examination of Ivy Suzette A. Gucilatar Gucilatar dated 10 June 2009.
F-28
Resume of Ivy Suzette A. Gucilatar
F-29
Ethics Test of Ivy Suzette A. Gucilatar.
14. It was only after going through the hiring process conducted by GMA that complainants were eventually hired as employees, though referred to as talents. However, complainants were made to sign by GMA the Talent Agreement, together with the General Terms, in an attempt to circumvent the rules on employment relations.
15. With respect to the criteria of the power of control, respondents deny in bad faith that they exercise the power of control over complainants as to the means and method with which to accomplish their work. Quite the contrary, respondents exercise the power of control over the complainants. No less than the General Terms of the Talent Agreement provides so as demonstrated above.
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Some documents showing control by respondents over the means and method by which complainants perform their work are attached hereto as Annexes “F-30” to “F-80”, to wit: ANNEX
DESCRIPTION OF DOCUMENT
F-30
Logbook of employees at Kapuso Center, 2 nd Floor dated 03 October 2011.
F-31
Logbook of employees at Kapuso Center, 2 nd Floor dated 04 October 2011.
F-32
Logbook of employees at Kapuso Center, 2 nd Floor dated 30 NOvember 2011.
F-33
Logbook of employees at Kapuso Center, 2 nd Floor dated 01 December 2011.
F-34
Logbook of employees at Kapuso Center, 2 nd Floor dated 03 December 2012.
F-35
Logbook of employees at Kapuso Center, 2 nd Floor dated 04 December 2012.
F-36
Logbook of employees at Kapuso Center, 2 nd Floor dated 01 October 2013.
F-37
Logbook of employees at Kapuso Center, 2 nd Floor dated 02 October 2013.
F-38
Logbook of employees at Kapuso Center, 2 nd Floor dated 30 September 2014.
F-39
Logbook of employees at Kapuso Center, 2 nd Floor dated 01 October 2014.
F-40
Letter from Maureen Fatima Dizon, Production Administrator Administrator to Imbestigad Imbestigador or personnel, personnel, including including complainants, regarding 2014 Family Day Outing of GMA employees.
F-41
Letter from Maureen Fatima Dizon, Production Administrator Administrator to Imbestigad Imbestigador or personnel, personnel, including including complainants regarding application for new media ID 2014.
F-42
Stock Issuance Slip Form of GMA availed of by complainants, particularly Ana Martha Zamora and Marissa Flores.
F-43
Stock Issuance Slip Form of GMA availed of by complainants, particularly Mary Grace Lalu.
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F-44
Email from Public Affairs Cashier III to Maureen Fatima Dizon, Melissa M. Nicdao, Shiela Marie Sundia, Margery D. Cariño-Latoza and Mary Abegail Atienza Atienza regarding regarding overdue liquidation liquidations s subject for salary deductions.
F-45
Technical Facilities Request signed by Harvey Bayona.
F-46
Stock Issuance Slip (for office supplies) submitted by Marissa Barral.
F-47
Stock Issuance Slip (for SMART electronic load) submitted by Marissa Barral.
F-48 to F-48-a
―Day Off‖ Revised Weekly Production Schedule dated 30 October 2012 noted by Joy C. Marcelo.
F-49
Memorandum from Arvin Garcia, Executive Producer, copy furnished Patty Gutierrez, Program Manager and Rebecca Villareal, Production Administrator Administrator dated dated 22 August August 2011 re: Grounds for Memos Guidelines and Regulations
F-50
Notice of Renewal of Talent signed by Joseph Jerome T. Francia, Vice President and Head of Operations dated 4 March 2013.
F-51
Assessment Assessment of complainant complainant Edmalyne Edmalyne E. Remillano Remillano dated 15 December 2013.
F-52
ICT Borrower Slip requested by Ruby Rose Olerino, approved by Lloyd Navera, Production Manager.
F-53
Program Guidelines for Facts and Trivia in I Juander issued by Lloyd Navera, Program Manager and noted by Neil Gumban, AVP, Public Affairs
F-54
Email on assigned schedule for Batch 3 of Networkwide Training requiring some complainants to attend.
F-55
Authorization Authorization to borrow borrow from from the Central Central Library Library and Archives Management issued to complainant complainant Zara Misuela approved by Lloyd Navera, Program Manager.
F-56
Application Application for leave leave of complainant complainant Zara Zara Jane Misuela, Production Assistant submitted to Lloyd Navera, Program Manager dated 06 May 2014.
F-57
Application Application for leave leave of complainant complainant Zara Zara Jane Misuela, Production Assistant submitted to Lloyd Navera, Program Manager dated 28 August 2013.
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F-58
Tape Issuance Slip for the use of facilities at the Central Library and Archives Management under the name of complainant Zara Misuela.
F-59
Authorization Authorization to borrow borrow at the Central Central Library Library and Archives Archives Management Management of complainant complainant Zara Zara Misuela Misuela approved by Joy Marcelo.
F-60 to F-60-b
GMA Post Production House Rules which complainants are made to sign.
F-61
Memorandum issued by Queenie Santos Dimapawi, Senior Program Manager re: Call Time
F-62 to F-62-b
Policies on Imbestigador Production Staff signed by Joy Madrigal, noted by Arlene U. Carnay, AVP, Public Affairs Department.
F-63 to F-63-c
Exchange of emails re: 2 nd Semester 2014 Performance Appraisal.
F-64
Email from Mary Hazel Bautista to some of the complainants re: Training Orientation of all staff (Executive Producers, Segment Producers and Researchers) of News & Public Affairs programs.
F-65 – F-65-b
Memorandum from SVP News and Public Affairs to News and Public Affairs Personnel re: Guidelines Political / Election Related Stories.
F-66 to F-66-a
Memorandum from SVP News and Public Affairs to News and Public Affairs Officers, Managers and Staff, NVOD Personnel re: Reminders on Cutaways.
F-67
Vehicle Trip Ticket
F-68
Travel Order issued to Richard Dionisio (Segment Producer), Jevi Bryan Bilaos (Program Researcher), Samuel Arce (Cameraman).
F-69
Cash Advance Slip Form of Jevi Bryan Bilaos dated 24 February 2014.
F-70
Email Re: Wilderness Survival Training (Survival and Self Rescue Course) for News and Public Affairs Personnel Personnel (Researchers, (Researchers, Segment Segment Producers, Reporters, Video Journalists and Assistants). Assistants).
F-71
Email Re: Orientation of Reseachers.
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F-72 to F-72-a
Email Subject: FYI- Outstanding liquidations
F-73
Email Re: Permit to Research – Jevi – Jevi Bryan Bilaos
F-74 to F-74-a
Email Re: Prod Cashiers – Cashiers – Full Full Implementation of Cash Advance Policy
F-75 to F-75-a
Email Re: Reminder for Researchers
F-76 - F-76-a
Email Re: Writers’ Workshop wherein attendance of all SONA Writer-Producers, Segment Producers and Researchers are required to attend.
F-77
Recommendation of John Michael Cristobal (Researcher) to undergo examination to qualify as a Segment Proceducer, noted by Angelie Atienza, Program Manager.
F-78
Email Re: Assignment of some complainants as shotlisters to assist new librarians in organizing and shotlisting tapes.
F-79 – F-79-b
Travel order to Jason Cruz, Mark John Macapagal, (Camera 2), Arci Formales or Bidz Dela Cruz (Segment Producer)
F-80
Memorandum allowing the request of complainant Chloe G. Ben for domain/email account of GMA.
16. With respect to the criteria of payment of salaries or wages, it is the erroneous allegation of respondents that complainants are being ―paid talent fees that are substantially higher than the salaries of regular employees of respondent GMA. They are not included in the roster of employees and in the payroll of regular employees of respondent GMA. Complainants were not paid wages in the frequency of the payment of wages of respondent GMA’s regular employees‖ employees‖. (pp.100-101, (pp.100-101, respondents’ Position Position Paper) 17. Contrary to the claim of respondents, complainants are being paid by GMA of their wages or salaries, well yes, otherwise described as ―talent fee‖. It is submitted, submitted , however, that talent fee partakes of the nature of a wage or salary since it constitutes a reward or recompense for services performed. The Supreme Court held, thus: ―Salary,‖ the etymology of which is the Latin word ―solarium,‖ is often used interchangeably with ―wage‖, the etymology of which is the Middle English word ―wagen.‖ Both words generally refer to one and the
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same meaning, that is, a reward or recompense for services performed. Likewise, ―pay‖ is the synonym of ―wages‖ and ―salary.‖ (Azucena, Cesario Jr., The Labor Code With Comments and Cases, Vol.I 1999 Ed., citing Songco et al. v. NLRC, GR No. 5099951000, March 23, 1990) 18. Clearly, respondents respondents are are paying complainants salaries salaries or wages in the form of talent fee as a reward or recompense for services performed. Such being the case, the criteria of payment of salaries or wages is satisfied in this case. 19. The allegations allegation s of respondents that complainants are not included in the roster of employees and in the payroll of regular employees; that complainants were not paid wages in the frequency of the payment of wages of respondent GMA’s regular employees; and that talent fee are substantially higher than the salary rates of regular employees with equivalent ranks or department heads and top executives are not relevant in the criteria of payment of salaries and wages as a basis for determining employer-employee relationship. Moreover, these are self-serving allegations devoid of any substantial evidence so as to merit a serious consideration. Copies of some sample pay slips and identification cards of complainants are attached hereto as Annex as Annexes “F-81” to “F-120-a”, to wit: ANNEX
DESCRIPTION OF DOCUMENT
F-81
GMA Media ID of complainant Jiecel M. Ramirez (Researcher)
F-81-a
Sample Payslip of complainant Jiecel M. Ramirez
F-82
GMA Media ID of complainant Fernanne Jude M. Gulapa (Researcher)
F-82-a
Sample Payslip of complainant Fernanne Jude M. Gulapa
F-83
GMA Media ID of complainant Arra Trisha Nicole Papica (Researcher)
F-84
GMA ID of complainant Axl Joffline S. Malonzo
F-84-a
Sample Payslip of complainant Axl Joffline S. Malonzo
F-85
GMA Media ID of complainant (Program
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Researcher) F-85-a
Sample Payslip of complainant (Program Researcher)
F-86
GMA ID of complainant Mario C. Urrutia III (Researcher)
F-86-a
Sample Payslip of complainant Mario C. Urrutia III
F-87
GMA ID of complainant
F-87-a
Sample Payslip of complainant
F-88
GMA ID of complainant Julianne-Rose D. Marquez
F-89
GMA Media ID of complainant Jane Ariane V. Guevarra (Researcher)
F-89-a
Sample Payslip of Jane Ariane V. Guevarra
F-90
GMA ID of complainant Irene A. Matta
F-90-a
Sample Payslip of complainant Irene A. Matta
F-91
GMA Media ID of complainant Jerome N. Nebres Program Researcher
F-91-a
Sample Payslip of complainant Jerome N. Nebres
F-92
GMA Media ID of complainant Serafin Candido O. Gozon Jr. (Researcher)
F-92-a
Sample Payslip of Serafin Candido O. Gozon Jr.
F-93
GMA Media ID of of complainant (Location Manager)
F-93-a
Sample Payslip of complainant (Location Manager)
F-94
GMA ID of complainant
F-94-a
Sample Payslip of complainant
F-95
GMA Media ID of complainant (Researcher / Field Producer)
F-95-a
Sample Payslip of complainant (Researcher / Field Producer)
F-96
GMA Media ID of complainant Dennis G. Lasala (Production Coordinator)
F-96-a
Sample Payslip of complainant Dennis G. Lasala
F-97
GMA ID of complainant Mariza L. Barral
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F-97-a
Sample Payslip of complainant Mariza L. Barral
F-98
GMA Media ID of complainant Maria Crecelle R. Cruz (PALS)
F-98-a
Sample Payslip of complainant Maria Crecelle R. Cruz
F-99
GMA Media ID of complainant Chloe Garcera-Ben (Head-Coordinator – IMB) – IMB)
F-99-a
Sample Payslip of complainant Chloe Garcera-Ben
F-100
GMA Media ID of complainant Mary Grace D. Lalu— Lalu—Depalubos (Action Center Coordinator-IMB)
F-100-a
Sample Payslip of complainant Mary Grace D. Lalu— Lalu—Depalubos
F-101
GMA Media ID of complainant Elmer F. Cabarles Jr. (Action Center Coordinator)
F-101-a
Sample Payslip of Elmer F. Cabarles Jr.
F-102
GMA Media ID of complainant Christine N. Aban (Action Center Coordinator)
F-102-a
Sample Payslip of complainant Christine N. Aban
F-103
GMA Media ID of complainant James F. Arce (Cameraman)
F-103-a
Sample Payslip of complainant James F. Arce
F-104
GMA Media ID of complainant Leonardo Leonor (Cameraman)
F-104-a
Sample Payslip of complainant Leonardo Leonor
F-105
GMA Media ID of complainant Anne Rose O. Gamboa (Remote Interview-Producer)
F-105-a
Sample Payslip of complainant Anne Rose O. Gamboa
F-106
GMA ID of complainant (Writer)
F-106-a
Sample Payslip of complainant (Writer)
F-107
GMA Media ID of Edmalynne Remillano (Writer/ Producer)
F-107-a
Sample Payslip of complainant Edmalynne Remillano
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F-108
GMA ID of complainant Dawnavie A. Dadis
F-108-a
Sample Payslip of complainant Dawnavie A. Dadis
F-109
GMA Media ID of complainant Simon Efraim M. Borromeo (Segment Producer)
F-109-a
Sample Payslip of Simon Efraim M. Borromeo
F-110
GMA ID of Annalyn G. San Pedro
F-111
GMA ID of complainant
F-112
GMA ID of complainant Zara Jane Q. Misuela
F-112-a
Sample Payslip of complainant Zara Jane Q. Misuela
F-113
GMA Media ID of complainant Ruby Rose J. Olermo (Production Assistant)
F-113-a
Sample Payslip of complainant of Ruby Rose J. Olermo
F-114
GMA ID of complainant Madeleine Zaide
F-115
GMA Media ID of complainant Michael Manalaysay (Associate Producer)
F-115-a
Sample Payslip of complainant Michael Manalaysay
F-116
GMA Media ID of complainant Lea Paz P. Torre (Aspil Team Leader)
F-117
GMA ID of complainant Remanuel L. Bandiola
F-117-a
Sample Payslip of complainant Remanuel L. Bandiola
F-118
GMA Media ID of complainant (Writer)
F-118-a
Sample Payslip of complainant (Writer)
F-119
GMA Media ID of complainant Harvey Henryan G. Bayona
F-119-a
Sample Payslip of Harvey Henryan G. Bayona
F-120
GMA ID of complainant
F-120-a
Sample Payslip of complainant
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20. The overwhelming overwhelming evidence submitted by complainants showing the existence of an employer-employee relationship in this case negates the claim of respondents that complainants are independent contractors or employees with a fixed period contract. If at all, these concepts of independent contractor and employment with a fixed period are being used by respondents as a subterfuge to circumvent the rule on regular employment.
PRAYER WHEREFORE, it is respectfully prayed of this Honorable Labor Arbiter that a decision be rendered declaring complainants complainants to be regular employees of GMA-7 and that they are entitled to the benefits and privileges as such regular employees. Other reliefs just and equitable under the premises are likewise prayed for. Quezon City; 10 November 2014.
SENO, MENDOZA AND ASSOCIATES LAW OFFICE Counsel for Complainants PGEA Compound Elliptical Road Cor. Maharlika Ave., Diliman Q.C. By: RICARDO B. LAPESURA JR. PTR No. 9081712; 1-07-14 Q.C. IBP No.953450 1-08-14 E.Samar (2014-2015) Roll of Attorneys No.40147 MCLE Compliance IV-0013937 Issued on 3-13-13; Pasig City Tel No. 922-25-75
VERIFICATION / CERTIFICATION
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I, CHRISTIAN CABALUNA, CABALUNA, of legal age, Filipino citizen, after having been duly sworn to in accordance with law, do hereby depose and states: 1. That I am one of the complainants complainants and authorized authorized representative of the other complainants in the above-entitled case (see Annex “E”, Special Power of Attorney); 2. That I have caused the preparation of the foregoing Position Paper; 3. That I have read the contents thereof and that they are true and correct based on my own personal knowledge and authentic records; 4. That I have not filed any action or proceeding with the Supreme Court, the Court of Appeals or any other court, body or tribunal involving the claims herein and to the best of my knowledge, no such action or proceedings is pending before said courts, bodies or tribunals; 5. That I undertake to inform the Honorable Office within five (5) days should I learn that any such action or proceeding has been instituted or is pending, before the Supreme Court, the Court Of Appeals, any other tribunal tribunal or agency. agency. IN WITNESS WHEREOF, I have hereunto affixed my signature this ___day of November 2014 at Quezon City.
CHRISTIAN CABALUNA Affiant
SUBSCRIBED AND SWORN TO before me this ___ day of November 2014, affiant exhibited to me his Non-Professional Non- Professional Driver’s License ID with No. N25-98-044221 which expires on 2015-12-08. Doc. No._____; Page No._____; Book No._____; Series of 2014. Copy furnished: GMA NETWORK INCORPORATED / MR. FELIPE FELIPE GOZON GOZON
