G.R. No. 219508 (Formerly UDK No. 15345) - ABS-CBN BROADCASTING CORPORATION, VS. KESSLER TAJANLANGIT, VLADIMIR MARTIN, HERBIE MEDINA AND JUAN PAULO NIEVA.

Ruling

Accordingly, respondents were considered independent contractors engaged to do independent work. Respondent then filed the Motion for Reconsideration [46] dated September 30, 2011, which the NLRC likewise denied in the Resolution [47] dated October 28, 2011. Thereafter, herein respondents filed a Petition for Certiorari under Rule 65 of the Rules of Court before the Court of Appeals to question the Resolutions of the NLRC. The CA granted the aforesaid petition in its Decision [48] dated September 18, 2014, after finding that the elements in determining the existence of an employer-employee relationship have been fully established by respondents. The dispositive portion of the said Decision reads as follows: WHEREFORE , the petition for certiorari is GRANTED . The Decision dated August 24, 2011 and Resolution denying the Motion for Reconsideration dated October 28, 2011 of the National Labor Relations Commission (NLRC) in NLRC LAC No. 05-001414-11 [NLRC NCR No. 00-07-09356-10] are hereby REVERSED and SET ASIDE . Accordingly, a new judgment is entered as follows: 1. Confirming that petitioners Kessler Tajanlangit, Vladimir Martin, Herbie Medina and Juan Paolo Nieva are regular employees of ABS-CBN BROADCASTING CORPORATION, and declaring them entitled to all the rights, benefits and privileges, from the time they became regular employees in accordance with existing company practice and the Labor Code; 2. Declaring illegal the dismissal of petitioners Kessler Tajanlangit, Vladimir Martin, Herbie Medina and Juan Paulo Nieva and ordering respondent ABS-CBN (formerly ABS-CBN Broadcasting Corporation) to immediately reinstate them to their former positions without loss of seniority rights with payment of full backwages and all other statutory monetary benefits to which they are entitled from the time they were dismissed up to the date of their actual reinstatement; 3. Ordering the respondent ABS-CBN Corporation (formerly ABS-CBN Broadcasting Corporation) to pay attorney's fees in the amount equivalent to 10% of the total monetary award. Further, let this case be remanded to the National Labor Relations Commission without delay for the proper determination of compensation of monetary awards of the petitioners. SO ORDERED.