Scribd Logo
Upload

Welcome to Scribd!

  • 6 views

    GR No. 138051 - Sonza V Abscbn

    Uploaded by

    Santos Kharl Menes
    1) Jose Sonza filed a complaint against ABS-CBN claiming unpaid salaries, benefits, and amounts due under an employee stock option plan. 2) ABS-CBN argued there was no employee-employer relationship as Sonza was hired under a talent fee agreement to provide his exclusive services. 3) The court ruled that while ABS-CBN selected Sonza for his unique skills, he had independence and flexibility in his work and ABS-CBN could not dismiss him due to losses, indicating an independent contractor relationship rather than employment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    GR No. 138051 - Sonza V Abscbn

    Uploaded by

    Santos Kharl Menes
    6 views1 page
    1) Jose Sonza filed a complaint against ABS-CBN claiming unpaid salaries, benefits, and amounts due under an employee stock option plan. 2) ABS-CBN argued there was no employee-employer relationship as Sonza was hired under a talent fee agreement to provide his exclusive services. 3) The court ruled that while ABS-CBN selected Sonza for his unique skills, he had independence and flexibility in his work and ABS-CBN could not dismiss him due to losses, indicating an independent contractor relationship rather than employment.

    Original Description:

    Digest

    Original Title

    gr No. 138051_sonza v Abscbn

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Jose Sonza filed a complaint against ABS-CBN claiming unpaid salaries, benefits, and amounts due under an employee stock option plan. 2) ABS-CBN argued there was no employee-employer relationship as Sonza was hired under a talent fee agreement to provide his exclusive services. 3) The court ruled that while ABS-CBN selected Sonza for his unique skills, he had independence and flexibility in his work and ABS-CBN could not dismiss him due to losses, indicating an independent contractor relationship rather than employment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    6 views1 page

    GR No. 138051 - Sonza V Abscbn

    Uploaded by

    Santos Kharl Menes
    1) Jose Sonza filed a complaint against ABS-CBN claiming unpaid salaries, benefits, and amounts due under an employee stock option plan. 2) ABS-CBN argued there was no employee-employer relationship as Sonza was hired under a talent fee agreement to provide his exclusive services. 3) The court ruled that while ABS-CBN selected Sonza for his unique skills, he had independence and flexibility in his work and ABS-CBN could not dismiss him due to losses, indicating an independent contractor relationship rather than employment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    JOSE Y. SONZA, petitioner, vs.

    ABS-CBN BROADCASTING CORPORATION, respondent.


    G.R. No. 138051 | June 10, 2004

    Facts:

    ABS-CBN signed an agreement with Mel and Jay Management and Development Corp. on
    May 1994, which asserts that the latter agrees to exclusively provide services of the petitioner, Jose
    “Jay” Sonza, to the former for a monthly talent fee of P310,000 for the first year and P317,000 for
    the second and third year of the agreement.

    On April 1996, petitioner wrote a letter to ABS-CBN, stating his irrevocable resignation and
    serving his notice of rescission of the said agreement, thus, waiving and renouncing his recovery of
    the remaining amount of his due excluding the benefits. Days after, the petitioner, before DOLE,
    filed a complaint against the respondent because they allegedly did not pay his salaries, service
    incentive leave pay, 13th month pay, signing bonus, travel allowances and several amounts due
    under the ESOP or Employee Stock Option Plan.

    On July 1996, ABS-CBN filed a Motion to Dismiss on the ground that no employee-employer
    relationship existed between the parties, however, still continued to remit petitioner’s monthly
    talent fees and other payments through his bank account, Sonza counter filed an Opposition. Labor
    Arbiter dismissed the complaint, Sonza appealed to NLRC, however, also affirmed the former
    decision. Sonza, in despair, filed a civil action for certiorari to the Court of Appeals, in which CA
    rendered a decision of dismissal to the case. Hence, this petition.

    Issue/s:

    WON an employee-employer relationship existed between the parties.


    WON the NLRC has jurisdiction over the case.

    Ruling/s:

    None. There are requisites for the existence of an employee-employer relationship as


    applied to case at bar: (a) selection and engagement of employees – Sonza, in this case, was
    specifically chosen due to his unique skills and talent which is not possessed by other employees,
    however, this is just a circumstantial evidence, not conclusive of the relationship; (b) payment of
    wages – Sonza was paid all the talent fees and benefits because of the negotiations in the
    agreement, if he was an employee, there’s no need to stipulate on the benefits such as SSS, Medicare
    and more, because this is automatically incorporated in an employee-employer relationship; (c)
    power of dismissal – Even if ABS-CBN suffered severe business losses, they could not retrench
    Sonza because they remained obligated to pay the latter’s talent fees, this indicates and
    independent contractual relationship between the two; (d) power of control – Sonza had a free
    hand on what to say or discuss in his shows, had no requirement to comply with rules and standard
    prescribed for the employees of ABS-CBN, hence, the corporation’s control was limited only to the
    result of Sonza’s work.

    Negative. Sonza’s claim that the recovery of allegedly unpaid dues under the ESOP is
    anchored on an alleged breach of contract on ABS-CBN’s part can be resolved only to civil and not
    labor law. In addition, this case call for an interpretation and implementation of the agreement, not
    Labor Code provisions, hence, it is intrinsically a civil dispute cognizable by the regular courts.

    Link for the full text of the case:

    https://elibrary.judiciary.gov.ph/assets/dtSearch/dtSearch_system_files/dtisapi6.dll?
    cmd=getdoc&DocId=47695&Index=
    %2a4aeb4dbdcceeda9b59b85ae3fb22cec0&HitCount=2&hits=4+10+&SearchForm=C%3a
    %5celibrev2%5csearch%5csearch%5fform

    You might also like