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    03) Fulache v. ABS CBN

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    Jenell Cruz
    Petitioners Fulache et al. were drivers/cameramen for ABS-CBN who filed a complaint for regularization and benefits. They claimed to have served over a year but were excluded from the CBA between ABS-CBN and regular employees. While the case was pending, ABS-CBN dismissed the petitioners for refusing to sign a service contract. The Court ruled the petitioners were regular employees covered under the CBA and entitled to its benefits, and their dismissal was unjust and in bad faith.

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    03) Fulache v. ABS CBN

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    Jenell Cruz
    107 views2 pages
    Petitioners Fulache et al. were drivers/cameramen for ABS-CBN who filed a complaint for regularization and benefits. They claimed to have served over a year but were excluded from the CBA between ABS-CBN and regular employees. While the case was pending, ABS-CBN dismissed the petitioners for refusing to sign a service contract. The Court ruled the petitioners were regular employees covered under the CBA and entitled to its benefits, and their dismissal was unjust and in bad faith.

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    Petitioners Fulache et al. were drivers/cameramen for ABS-CBN who filed a complaint for regularization and benefits. They claimed to have served over a year but were excluded from the CBA between ABS-CBN and regular employees. While the case was pending, ABS-CBN dismissed the petitioners for refusing to sign a service contract. The Court ruled the petitioners were regular employees covered under the CBA and entitled to its benefits, and their dismissal was unjust and in bad faith.

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    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    107 views2 pages

    03) Fulache v. ABS CBN

    Uploaded by

    Jenell Cruz
    Petitioners Fulache et al. were drivers/cameramen for ABS-CBN who filed a complaint for regularization and benefits. They claimed to have served over a year but were excluded from the CBA between ABS-CBN and regular employees. While the case was pending, ABS-CBN dismissed the petitioners for refusing to sign a service contract. The Court ruled the petitioners were regular employees covered under the CBA and entitled to its benefits, and their dismissal was unjust and in bad faith.

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    © All Rights Reserved
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    of 2

    -Petitioners Fulache et al.

    became aware of the CBA only when they obtained copies


    3. FULACHE v, ABS-CBN of the agreement and learned they were excluded from its coverage not being regular
    January 21, 2010 employees but merely temporary
    Jenell Cruz
    -They claimed they already tendered 1 yr. of service and should be recognized as
    NATURE Employer-Employee Relationship regulars entitled to security of tenure and to privileges & benefits enjoyed by regular
    Plaintiff Farley Fulache et al. employees
    Defendant ABS-CBN
    Ponente J., Brion -ABS-CBN allege that petitioners Fulache et al.’s services were contracted on
    various dates by its Cebu station as independent contractors/off cam talents and were
    RECIT READY DIGEST not entitled to regularization in these capacities

    Petitioners Fulache et. al were drivers/cameramen in ABS-CBN. They filed a -While appeal was pending, ABS-CBN dismissed petitioner Fulache et al. from
    complaint for regularization, unfair labor practice, several money claims. Fulache employment for refusal to sign a service contract
    alleged that they were excluded in the Collective Bargaining Agreement that was
    executed between ABS-CBN and its rank-and-file employees for being temporary -Labor Arbiter Pendoque held that petitioners Fulache et al. were regular ABS-CBN
    employees only. Fulache claimed that they already served 1 year as employees and employees, not independent contractors and therefore, entitled to benefits but found
    should be entitled to such benefits. While the case was pending, petitioners were that they were dismissed due to redundancy which is an authorized cause  ordered
    dismissed from employement for refusing to sign a service contract. to be awarded separation pay in lieu of reinstatement

    The Court ruled that under the terms of the CBA, petitioners are members of the -ABS-CBN appealed to NLRC  ruled that there was an employer-employee
    appropriate bargaining unit because they are regular rank-and-file employees and do relationship between parties because:
    not belong to the excluded categories. Nothing in the records show that they are 1. ABS-CBN exercised control over petitioners Fulache in the performance of
    supervisory or confidential employees, neither are they casual nor probationary. Most their work
    importantly, the Labor Arbiter’s decision was affirmed all the way to the CA level 2. Petitioners were regular employees because the engaged to perform
    ruling against ABS-CBN’s submission that they are independent contractors. activities necessary for ABS-CBN’s business
    3. They are not considered contractual employees because their salary is paid
    DOCTRINE. monthly and not on basis of their work
    As regular employees, petitioners fall within the coverage of the bargaining unit
    and are therefore entitled to CBA benefits as a matter of law and contract. Under -NLRC then REVERSED the illegal dismissal case
    the terms of the CBA, petitioners are members of the appropriate bargaining unit
    because they are regular rank-and-file employees and do not belong to any of the -ABS-CBN filed an MR and reiterated that petitioners Fulache et al. were
    excluded categories. independent contractors
    Thus, as regular rank-and-file employees, they fall within the CBA coverage. ISSUE/S and RULING.
    And, under the CBA’s express terms, they are entitled to its benefits.
    WON petitioners Fulache et al. were regular rank-and-file employees and therefore
    entitled to the benefits provided in the CBA- YES
    FACTS.
    -Petitioners Farley Fulache et al. and Cresente Atinen who were employed as Under the terms of the CBA, petitioners Fulache et al. are members of the
    drivers/cameramen in ABS-CBN filed 2 separate complaints for regularization, appropriate bargaining unit because they are regular rank-and-file employees and do
    unfair labor practice, and several money claims against the latter not belong to the excluded categories

    -Petitoners Fulache et al. allege that ABS-CBN and its rank-and-file employees -Nothing in the records show that they are supervisory or confidential employees,
    union executed a Collective Bargaining Agreement (CBA) neither are they casual nor probationary employees

    LABOR LAW 1 | G01 | ATTY. QUAN


    -Most importantly, the Labor Arbiter’s decision was affirmed all the way to the CA
    level ruling against ABS-CBN’s submission that they are independent contractors

    -With regard to the illegal dismissal case, ABS-CBN took matters into its own hands
    and terminated the petitioners’ services, clearly disregarding its own appeal pending
    with the NLRC:
     this appeal posited that petitioners were not employees (whose services
    therefore could be terminated through dismissal under the Labor Code)
     they were independent contractors whose services could be terminated at
    will, subject only to the terms of their contracts
     to justify the termination of service, the company cited redundancy as its
    authorized cause but offered no justificatory supporting evidence

    -ABS-CBN’s intent based on records, was to transfer the petitioners and their
    activities to a service contractor without paying attention to the requirements of our
    labor laws  hence, ABS-CBN dismissed petitioners when they refused to sign up
    with the service contractor

    -The petitioners’ dismissal was not only unjust and in bad faith but also when they
    were already recognized as regular employees for refusing to sign up with its service
    contractor

    WHEREFOREM petition is GRANTED. CA decision is REVERSED and SET


    ASIDE. Petitioners are reinstated + entitled to benefits/privileges.
    WINNER: Petitioners Fulache et al.

    LABOR LAW 1 | G01 | ATTY. QUAN

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