Ymbong V Abs CBN
Ymbong V Abs CBN
Ymbong V Abs CBN
]
G.R. No. 184885 March 7, 2012
Because of the impending May 1998 elections and based on his immediate recollection of the
ERNESTO G. YMBONG, Petitioner, policy at that time, Dante Luzon, Assistant Station Manager of DYAB issued the following
memorandum:
vs.
TO : ALL CONCERNED
ABS-CBN BROADCASTING CORPORATION, VENERANDA SY AND DANTE
LUZON, Respondents. FROM : DANTE LUZON
The antecedent facts follow: The services rendered by the concerned employee/talent to this company will
then be temporarily suspended for the entire campaign/election period.
Petitioner Ernesto G. Ymbong started working for ABS-CBN Broadcasting Corporation
(ABS-CBN) in 1993 at its regional station in Cebu as a television talent, co-anchoring Hoy For strict compliance.4 [Emphasis and underscoring supplied.]
Gising and TV Patrol Cebu. His stint in ABS-CBN later extended to radio when ABS-CBN
Cebu launched its AM station DYAB in 1995 where he worked as drama and voice talent, Luzon, however, admitted that upon double-checking of the exact text of the
spinner, scriptwriter and public affairs program anchor. policy and subsequent confirmation with the ABS-CBN Head Office, he saw
that the policy actually required suspension for those who intend to campaign
Like Ymbong, Leandro Patalinghug also worked for ABS-CBN Cebu. Starting 1995, he worked for a political party or candidate and resignation for those who will actually run
as talent, director and scriptwriter for various radio programs aired over DYAB. in the elections.5
On January 1, 1996, the ABS-CBN Head Office in Manila issued Policy No. HR-ER-016 or the After the issuance of the March 25, 1998 Memorandum, Ymbong got in touch
"Policy on Employees Seeking Public Office." The pertinent portions read: with Luzon. Luzon claims that Ymbong approached him and told him that he
would leave radio for a couple of months because he will campaign for the
1. Any employee who intends to run for any public office position, must file his/her letter of administration ticket. It was only after the elections that they found out that
resignation, at least thirty (30) days prior to the official filing of the certificate of candidacy Ymbong actually ran for public office himself at the eleventh hour. Ymbong, on
either for national or local election. the other hand, claims that in accordance with the March 25, 1998
Memorandum, he informed Luzon through a letter that he would take a few
x x x x
months leave of absence from March 8, 1998 to May 18, 1998 since he was
3. Further, any employee who intends to join a political group/party or even with no political running for councilor of Lapu-Lapu City.
affiliation but who intends to openly and aggressively campaign for a candidate or group of
As regards Patalinghug, Patalinghug approached Luzon and advised him that he
candidates (e.g. publicly speaking/endorsing candidate, recruiting campaign workers, etc.) must
will run as councilor for Naga, Cebu. According to Luzon, he clarified to
file a request for leave of absence subject to management’s approval. For this particular reason,
Patalinghug that he will be considered resigned and not just on leave once he
the employee should file the leave request at least thirty (30) days prior to the start of the
files a certificate of candidacy. Thus, Patalinghug wrote Luzon the following
planned leave period.
letter on April 13, 1998:
Dear Mr. Luzon, It has been decided therefore that all your drama participation shall be
terminated effective immediately. However, your involvement as drama
I’m submitting to you my letter of resignation as your Drama Production Chief spinner/narrator of the drama "NAGBA[BA]GANG LANGIT" continues until
and Talent due to your company’s policy that every person connected to its writer/director Mr. Leandro Patalinghug wraps it up one week upon receipt
ABS-CBN that should seek an elected position in the government will be forced of a separate memo issued to him.7
to resigned (sic) from his position. So herewith I’m submitting my resignation
with a hard heart. But I’m still hoping to be connected again with your Ymbong in contrast contended that after the expiration of his leave of absence, he reported back
prestigious company after the election[s] should you feel that I’m still an asset to work as a regular talent and in fact continued to receive his salary. On September 14, 1998, he
to your drama production department. I’m looking forward to that day and I’m received a memorandum stating that his services are being terminated immediately, much to his
very happy and proud that I have served for two and a half years the most stable surprise. Thus, he filed an illegal dismissal complaint8 against ABS-CBN, Luzon and DYAB
and the most prestigious Radio and TV Network in the Philippines. Station Manager Veneranda Sy. He argued that the ground cited by ABS-CBN for his dismissal
was not among those enumerated in the Labor Code, as amended. And even granting without
As a friend[,] wish me luck and Pray for me. Thank you. admitting the existence of the company policy supposed to have been violated, Ymbong averred
that it was necessary that the company policy meet certain requirements before willful
Very Truly Yours, disobedience of the policy may constitute a just cause for termination. Ymbong further argued
that the company policy violates his constitutional right to suffrage.9
(Sgd.)
Patalinghug likewise filed an illegal dismissal complaint10 against ABS-CBN.
Leandro "Boy" Patalinghug6
ABS-CBN prayed for the dismissal of the complaints arguing that there is no
Unfortunately, both Ymbong and Patalinghug lost in the May 1998 elections.
employer-employee relationship between the company and Ymbong and Patalinghug.
Later, Ymbong and Patalinghug both tried to come back to ABS-CBN Cebu. According to ABS-CBN contended that they are not employees but talents as evidenced by their talent
Luzon, he informed them that they cannot work there anymore because of company policy. This contracts. However, notwithstanding their status, ABS-CBN has a standing policy on persons
was stressed even in subsequent meetings and they were told that the company was not allowing connected with the company whenever they will run for public office.11
any exceptions. ABS-CBN, however, agreed out of pure liberality to give them a chance to wind
On July 14, 1999, the Labor Arbiter rendered a decision12 finding the dismissal of Ymbong and
up their participation in the radio drama, Nagbabagang Langit, since it was rating well and to
Patalinghug illegal, thus:
avoid an abrupt ending. The agreed winding-up, however, dragged on for so long prompting
Luzon to issue to Ymbong the following memorandum dated September 14, 1998: WHEREFORE, in the light of the foregoing, judgment is rendered finding the dismissal of the
two complainants illegal. An order is issued directing respondent ABS[-]CBN to immediately
TO : NESTOR YMBONG
reinstate complainants to their former positions without loss of seniority rights plus the payment
FROM : DANTE LUZON of backwages in the amount of P200,000.00 to each complainant.
Please be reminded that your services as drama talent had already been The Labor Arbiter found that there exists an employer-employee relationship between
automatically terminated when you ran for a local government position last ABS-CBN and Ymbong and Patalinghug considering the stipulations in their appointment
election. letters/talent contracts. The Labor Arbiter noted particularly that the appointment letters/talent
contracts imposed conditions in the performance of their work, specifically on attendance and
The Management however gave you more than enough time to end your drama punctuality, which effectively placed them under the control of ABS-CBN. The Labor Arbiter
participation and other involvement with the drama department. likewise ruled that although the subject company policy is reasonable and not contrary to law,
the same was not made known to Ymbong and Patalinghug and in fact was superseded by
another one embodied in the March 25, 1998 Memorandum issued by Luzon. Thus, there is no As to the issue of whether they were illegally dismissed, the NLRC treated their cases
valid or authorized cause in terminating Ymbong and Patalinghug from their employment. differently. In the case of Patalinghug, it found that he voluntarily resigned from employment on
April 21, 1998 when he submitted his resignation letter. The NLRC noted that although the tenor
In its memorandum of appeal14 before the National Labor Relations Commission (NLRC), of the resignation letter is somewhat involuntary, he knew that it is the policy of the company
ABS-CBN contended that the Labor Arbiter has no jurisdiction over the case because there is no that every person connected therewith should resign from his employment if he seeks an elected
employer-employee relationship between the company and Ymbong and Patalinghug, and that position in the government. As to Ymbong, however, the NLRC ruled otherwise. It ruled that the
Sy and Luzon mistakenly assumed that Ymbong and Patalinghug could just file a leave of March 25, 1998 Memorandum merely states that an employee who seeks any elected position in
absence since they are only talents and not employees. In its Supplemental Appeal,15 ABS-CBN the government will only merit the temporary suspension of his services. It held that under the
insisted that Ymbong and Patalinghug were engaged as radio talents for DYAB dramas and principle of social justice, the March 25, 1998 Memorandum shall prevail and ABS-CBN is
personality programs and their contract is one between a self-employed contractor and the hiring estopped from enforcing the September 14, 1998 memorandum issued to Ymbong stating that
party which is a standard practice in the broadcasting industry. It also argued that the Labor his services had been automatically terminated when he ran for an elective position.
Arbiter should not have made much of the provisions on Ymbong’s attendance and punctuality
since such requirement is a dictate of the programming of the station, the slating of shows at ABS-CBN moved to reconsider the NLRC decision, but the same was denied in a Resolution
regular time slots, and availability of recording studios – not an attempt to exercise control over dated June 21, 2004.19
the manner of his performance of the contracted anchor work within his scheduled spot on air.
As for the pronouncement that the company policy has already been superseded by the March Imputing grave abuse of discretion on the NLRC, ABS-CBN filed a petition for certiorari20
25, 1998 Memorandum issued by Luzon, the latter already clarified that it was the very policy he before the CA alleging that:
sought to enforce. This matter was relayed by Luzon to Patalinghug when the latter disclosed his
plans to join the 1998 elections while Ymbong only informed the company that he was I.
campaigning for the administration ticket and the company had no inkling that he will actually
RESPONDENT NLRC COMMITTED A GRAVE ABUSE OF DISCRETION
run until the issue was already moot and academic. ABS-CBN further contended that Ymbong
AND SERIOUSLY MISAPPRECIATED THE FACTS IN NOT HOLDING
and Patalinghug’s "reinstatement" is legally and physically impossible as the talent positions
THAT RESPONDENT YMBONG IS A FREELANCE RADIO TALENT
they vacated no longer exist. Neither is there basis for the award of back wages since they were
AND MEDIA PRACTITIONER—NOT A "REGULAR EMPLOYEE" OF
not earning a monthly salary but paid talent fees on a per production/per script basis. Attached to
PETITIONER—TO WHOM CERTAIN PRODUCTION WORK HAD BEEN
the Supplemental Appeal is a Sworn Statement16 of Luzon.
OUTSOURCED BY ABS-CBN CEBU UNDER AN INDEPENDENT
On March 8, 2004, the NLRC rendered a decision17 modifying the labor arbiter’s decision. The CONTRACTORSHIP SITUATION, THUS RENDERING THE LABOR
fallo of the NLRC decision reads: COURTS WITHOUT JURISDICTION OVER THE CASE IN THE ABSENCE
OF EMPLOYMENT RELATIONS BETWEEN THE PARTIES.
WHEREFORE, premises considered, the decision of Labor Arbiter Nicasio C. Aninon dated 14
July 1999 is MODIFIED, to wit: II.
Ordering respondent ABS-CBN to reinstate complainant Ernesto G. Ymbong and to pay his full RESPONDENT NLRC COMMITTED A GRAVE ABUSE OF DISCRETION
backwages computed from 15 September 1998 up to the time of his actual reinstatement. IN DECLARING RESPONDENT YMBONG TO BE A REGULAR
EMPLOYEE OF PETITIONER AS TO CREATE A CONTRACTUAL
SO ORDERED.18 EMPLOYMENT RELATION BETWEEN THEM WHEN NONE EXISTS OR
HAD BEEN AGREED UPON OR OTHERWISE INTENDED BY THE
The NLRC dismissed ABS-CBN’s Supplemental Appeal for being filed out of time. The NLRC PARTIES.
ruled that to entertain the same would be to allow the parties to submit their appeal on piecemeal
basis, which is contrary to the agency’s duty to facilitate speedy disposition of cases. The NLRC III.
also held that ABS-CBN wielded the power of control over Ymbong and Patalinghug, thereby
proving the existence of an employer-employee relationship between them. EVEN ASSUMING THE ALLEGED EMPLOYMENT RELATION TO
EXIST FOR THE SAKE OF ARGUMENT, RESPONDENT NLRC IN ANY
CASE COMMITTED A GRAVE ABUSE OF DISCRETION IN NOT
SIMILARLY UPHOLDING AND APPLYING COMPANY POLICY NO. is a complete turnaround on ABS-CBN’s part to later argue that Ymbong is only a radio talent or
HR-ER-016 IN THE CASE OF RESPONDENT YMBONG AND DEEMING independent contractor and not its employee. By applying the subject company policy on
HIM AS RESIGNED AND DISQUALIFIED FROM FURTHER Ymbong, ABS-CBN had explicitly recognized him to be an employee and not merely an
ENGAGEMENT AS A RADIO TALENT IN ABS-CBN CEBU AS A independent contractor.
CONSEQUENCE OF HIS CANDIDACY IN THE 1998 ELECTIONS, AS
RESPONDENT NLRC HAD DONE IN THE CASE OF PATALINGHUG. The CA likewise held that the subject company policy is the controlling guideline and therefore,
Ymbong should be considered resigned from ABS-CBN. While Luzon has policy-making power
IV. as assistant radio manager, he had no authority to issue a memorandum that had the effect of
repealing or superseding a subsisting policy. Contrary to the findings of the Labor Arbiter, the
RESPONDENT NLRC COMMITTED A GRAVE ABUSE OF DISCRETION subject company policy was effective at that time and continues to be valid and subsisting up to
AND DENIED DUE PROCESS TO PETITIONER IN REFUSING TO the present. The CA cited Patalinghug’s resignation letter to buttress this conclusion, noting that
CONSIDER ITS SUPPLEMENTAL APPEAL, DATED OCTOBER 18, 1999, Patalinghug openly admitted in his letter that his resignation was in line with the said company
"FOR BEING FILED OUT OF TIME" CONSIDERING THAT THE FILING policy. Since ABS-CBN applied Policy No. HR-ER-016 to Patalinghug, there is no reason not to
OF SUCH A PLEADING IS NOT IN ANY CASE PROSCRIBED AND apply the same regulation to Ymbong who was on a similar situation as the former. Thus, the
RESPONDENT NLRC IS AUTHORIZED TO CONSIDER ADDITIONAL CA found that the NLRC overstepped its area of discretion to a point of grave abuse in declaring
EVIDENCE ON APPEAL; MOREOVER, TECHNICAL RULES OF Ymbong to have been illegally terminated. The CA concluded that there is no illegal dismissal to
EVIDENCE DO NOT APPLY IN LABOR CASES. speak of in the instant case as Ymbong is considered resigned when he ran for an elective post
pursuant to the subject company policy.
V.
Hence, this petition.
RESPONDENT NLRC COMMITTED A GRAVE ABUSE OF DISCRETION
IN GRANTING THE RELIEF OF REINSTATEMENT AND BACKWAGES Petitioner argues that the CA gravely erred: (1) in upholding Policy No. HR-ER-016; (2) in
TO RESPONDENT YMBONG SINCE HE NEVER OCCUPIED ANY upholding the validity of the termination of Ymbong’s services; and (3) when it reversed the
"REGULAR" POSITION IN PETITIONER FROM WHICH HE COULD decision of the NLRC 4th Division of Cebu City which affirmed the decision of Labor Arbiter
HAVE BEEN "ILLEGALLY DISMISSED," NOR ARE ANY OF THE Nicasio C. Aniñon.22
RADIO PRODUCTIONS IN WHICH HE HAD DONE TALENT WORK FOR
PETITIONER STILL EXISTING. INDEED, THERE IS NO BASIS Ymbong argues that the subject company policy is a clear interference and a gross violation of
WHATSOEVER FOR THE AWARD OF BACKWAGES TO RESPONDENT an employee’s right to suffrage. He is surprised why it was easy for the CA to rule that Luzon’s
YMBONG IN THE AMOUNT OF P200,000.00 CONSIDERING THAT, AS memorandum ran counter to an existing policy while on the other end, it did not see that it was
SHOWN BY THE UNCONTROVERTED EVIDENCE, HE WAS NOT in conflict with the constitutional right to suffrage. He also points out that the issuance of the
EARNING A MONTHLY "SALARY" OF "P20,000.00," AS HE FALSELY March 25, 1998 Memorandum was precisely an exercise of the management power to which an
CLAIMS, BUT WAS PAID TALENT FEES ON A "PER PRODUCTION/PER employee like him must respect; otherwise, he will be sanctioned for disobedience or worse,
SCRIPT" BASIS WHICH AVERAGED LESS THAN P10,000.00 PER even terminated. He was not in a position to know which between the two issuances was correct
MONTH IN TALENT FEES ALL IN ALL.21 and as far as he is concerned, the March 25, 1998 Memorandum superseded the subject
company policy. Moreover, ABS-CBN cannot disown acts of its officers most especially since it
On August 22, 2007, the CA rendered the assailed decision reversing and setting aside the prejudiced his property rights.23
March 8, 2004 Decision and June 21, 2004 Resolution of the NLRC. The CA declared Ymbong
resigned from employment and not to have been illegally dismissed. The award of full back As to the validity of his dismissal, Ymbong contends that the ground relied upon by ABS-CBN
wages in his favor was deleted accordingly. is not among the just and authorized causes provided in the Labor Code, as amended. And even
assuming the subject company policy passes the test of validity under the pretext of the right of
The CA ruled that ABS-CBN is estopped from claiming that Ymbong was not its employee after the management to discipline and terminate its employees, the exercise of such right is not
applying the provisions of Policy No. HR-ER-016 to him. It noted that said policy is entitled without bounds. Ymbong avers that his automatic termination was a blatant disregard of his
"Policy on Employees Seeking Public Office" and the guidelines contained therein specifically
pertain to employees and did not even mention talents or independent contractors. It held that it
right to due process. He was never asked to explain why he did not tender his resignation before Essentially, the issues to be resolved in the instant petition are: (1) whether Policy No.
he ran for public office as mandated by the subject company policy.24 HR-ER-016 is valid; (2) whether the March 25, 1998 Memorandum issued by Luzon superseded
Policy No. HR-ER-016; and (3) whether Ymbong, by seeking an elective post, is deemed to
Ymbong likewise asseverates that both the Labor Arbiter and the NLRC were consistent in their have resigned and not dismissed by ABS-CBN.
findings that he was illegally dismissed. It is settled that factual findings of labor administrative
officials, if supported by substantial evidence, are accorded not only great respect but even Policy No. HR-ER-016 is valid.
finality.25
This is not the first time that this Court has dealt with a policy similar to Policy No. HR-ER-016.
ABS-CBN, for its part, counters that the validity of policies such as Policy No. HR-ER-016 has In the case of Manila Broadcasting Company v. NLRC,32 this Court ruled:
long been upheld by this Court which has ruled that a media company has a right to impose a
policy providing that employees who file their certificates of candidacy in any election shall be What is involved in this case is an unwritten company policy considering any employee who
considered resigned.26 Moreover, case law has upheld the validity of the exercise of management files a certificate of candidacy for any elective or local office as resigned from the company.
prerogatives even if they appear to limit the rights of employees as long as there is no showing Although §11(b) of R.A. No. 6646 does not require mass media commentators and announcers
that management prerogatives were exercised in a manner contrary to law.27 ABS-CBN contends such as private respondent to resign from their radio or TV stations but only to go on leave for
that being the largest media and entertainment company in the country, its reputation stems not the duration of the campaign period, we think that the company may nevertheless validly require
only from its ability to deliver quality entertainment programs but also because of neutrality and them to resign as a matter of policy. In this case, the policy is justified on the following grounds:
impartiality in delivering news.28
Working for the government and the company at the same time is clearly disadvantageous and
ABS-CBN further argues that nothing in the company policy prohibits its employees from either prejudicial to the rights and interest not only of the company but the public as well. In the event
accepting a public appointive position or from running for public office. Thus, it cannot be an employee wins in an election, he cannot fully serve, as he is expected to do, the interest of his
considered as violative of the constitutional right of suffrage. Moreover, the Supreme Court has employer. The employee has to serve two (2) employers, obviously detrimental to the interest of
recognized the employer’s right to enforce occupational qualifications as long as the employer is both the government and the private employer.
able to show the existence of a reasonable business necessity in imposing the questioned policy.
Here, Policy No. HR-ER-016 itself states that it was issued "to protect the company from any In the event the employee loses in the election, the impartiality and cold neutrality of an
public misconceptions" and "[t]o preserve its objectivity, neutrality and credibility." Thus, it employee as broadcast personality is suspect, thus readily eroding and adversely affecting the
cannot be denied that it is reasonable under the circumstances.29 confidence and trust of the listening public to employer’s station.33
ABS-CBN likewise opposes Ymbong’s claim that he was terminated. ABS-CBN argues that on ABS-CBN, like Manila Broadcasting Company, also had a valid justification for Policy No.
the contrary, Ymbong’s unilateral act of filing his certificate of candidacy is an overt act HR-ER-016. Its rationale is embodied in the policy itself, to wit:
tantamount to voluntary resignation on his part by virtue of the clear mandate found in Policy
Rationale:
No. HR-ER-016. Ymbong, however, failed to file his resignation and in fact misled his superiors
by making them believe that he was going on leave to campaign for the administration ABS-CBN BROADCASTING CORPORATION strongly believes that it is to the best interest
candidates but in fact, he actually ran for councilor. He also claims to have fully apprised Luzon of the company to continuously remain apolitical. While it encourages and supports its
through a letter of his intention to run for public office, but he failed to adduce a copy of the employees to have greater political awareness and for them to exercise their right to suffrage, the
same.30 company, however, prefers to remain politically independent and unattached to any political
individual or entity.
As to Ymbong’s argument that the CA should not have reversed the findings of the Labor
Arbiter and the NLRC, ABS-CBN asseverates that the CA is not precluded from making its own Therefore, employees who [intend] to run for public office or accept political appointment
findings most especially if upon its own review of the case, it has been revealed that the NLRC, should resign from their positions, in order to protect the company from any public
in affirming the findings of the Labor Arbiter, committed grave abuse of discretion amounting to misconceptions. To preserve its objectivity, neutrality and credibility, the company reiterates the
lack or excess of jurisdiction when it failed to apply the subject company policy in Ymbong’s following policy guidelines for strict implementation.
case when it readily applied the same to Patalinghug.31
x x x x34 [Emphasis supplied.]
We have consistently held that so long as a company’s management prerogatives are exercised that it is not in harmony with the Policy issued by the upper management, there is no reason for
in good faith for the advancement of the employer’s interest and not for the purpose of defeating it to be a source of right for Ymbong.
or circumventing the rights of the employees under special laws or under valid agreements, this
Court will uphold them.35 In the instant case, ABS-CBN validly justified the implementation of Ymbong is deemed resigned when he ran for councilor.
Policy No. HR-ER-016. It is well within its rights to ensure that it maintains its objectivity and
credibility and freeing itself from any appearance of impartiality so that the confidence of the As Policy No. HR-ER-016 is the subsisting company policy and not Luzon’s March 25, 1998
viewing and listening public in it will not be in any way eroded. Even as the law is solicitous of Memorandum, Ymbong is deemed resigned when he ran for councilor.
the welfare of the employees, it must also protect the right of an employer to exercise what are
We find no merit in Ymbong’s argument that "[his] automatic termination x x x was a blatant
clearly management prerogatives. The free will of management to conduct its own business
[disregard] of [his] right to due process" as he was "never asked to explain why he did not tender
affairs to achieve its purpose cannot be denied.36 1âwphi1
his resignation before he ran for public office as mandated by [the subject company policy]."37
It is worth noting that such exercise of management prerogative has earned a stamp of approval Ymbong’s overt act of running for councilor of Lapu-Lapu City is tantamount to resignation on
from no less than our Congress itself when on February 12, 2001, it enacted Republic Act No. his part. He was separated from ABS-CBN not because he was dismissed but because he
9006, otherwise known as the "Fair Election Act." Section 6.6 thereof reads: resigned. Since there was no termination to speak of, the requirement of due process in dismissal
cases cannot be applied to Ymbong. Thus, ABS-CBN is not duty-bound to ask him to explain
6.6. Any mass media columnist, commentator, announcer, reporter, on-air correspondent why he did not tender his resignation before he ran for public office as mandated by the subject
or personality who is a candidate for any elective public office or is a campaign volunteer company policy.
for or employed or retained in any capacity by any candidate or political party shall be
deemed resigned, if so required by their employer, or shall take a leave of absence from In addition, we do not subscribe to Ymbong’s claim that he was not in a position to know which
his/her work as such during the campaign period: Provided, That any media practitioner who is of the two issuances was correct. Ymbong most likely than not, is fully aware that the subsisting
an official of a political party or a member of the campaign staff of a candidate or political party policy is Policy No. HR-ER-016 and not the March 25, 1998 Memorandum and it was for this
shall not use his/her time or space to favor any candidate or political party. [Emphasis and reason that, as stated by Luzon in his Sworn Statement, he only told the latter that he will only
underscoring supplied.] campaign for the administration ticket and not actually run for an elective post. Ymbong claims
he had fully apprised Luzon by letter of his plan to run and even filed a leave of absence but
Policy No. HR-ER-016 was not superseded by the March 25, 1998 Memorandum records are bereft of any proof of said claim. Ymbong claims that the letter stating his intention
to go on leave to run in the election is attached to his Position Paper as Annex "A," a perusal of
The CA correctly ruled that though Luzon, as Assistant Station Manager for Radio of said pleading attached to his petition before this Court, however, show that Annex "A" was not
ABS-CBN, has policy-making powers in relation to his principal task of administering the his letter to Luzon but the September 14, 1998 Memorandum informing Ymbong that his
network’s radio station in the Cebu region, the exercise of such power should be in accord with services had been automatically terminated when he ran for a local government position.
the general rules and regulations imposed by the ABS-CBN Head Office to its employees.
Clearly, the March 25, 1998 Memorandum issued by Luzon which only requires employees to Moreover, as pointed out by ABS-CBN, had Ymbong been truthful to his superiors, they would
go on leave if they intend to run for any elective position is in absolute contradiction with Policy have been able to clarify to him the prevailing company policy and inform him of the
No. HR-ER-016 issued by the ABS-CBN Head Office in Manila which requires the resignation, consequences of his decision in case he decides to run, as Luzon did in Patalinghug’s case.
not only the filing of a leave of absence, of any employee who intends to run for public office.
Having been issued beyond the scope of his authority, the March 25, 1998 Memorandum is WHEREFORE, the petition for review on certiorari is DENIED for lack of merit.
therefore void and did not supersede Policy No. HR-ER-016.
With costs against petitioner.
Also worth noting is that Luzon in his Sworn Statement admitted the inaccuracy of his
SO ORDERED.
recollection of the company policy when he issued the March 25, 1998 Memorandum and stated
therein that upon double-checking of the exact text of the policy statement and subsequent
confirmation with the ABS-CBN Head Office in Manila, he learned that the policy required
resignation for those who will actually run in elections because the company wanted to maintain
its independence. Since the officer who himself issued the subject memorandum acknowledged