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Court of Appeals junks petition for certiorari vs. NLRC, Scenarios

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Court of Appeals  (ca.judiciary.gov.ph)

Court of Appeals
(ca.judiciary.gov.ph)

MANILA (Mabuhay) — The Special Eleventh Division of the Court of Appeals (CA) dismissed a petition for certiorari filed by an augmentation set crew against Scenarios, Inc., a GMA Network subsidiary.

Scenarios is a company that handles design, constructions and maintenance of sets for TV shows, stage plays, and concerts.

In its July 31, 2013 decision, penned by the Chairman of the Special Eleventh Division Associate Justice Magdangal De Leon, the apellate court stated that they found no sufficient evidence “that there was grave abuse of discretion on the part of the National Labor Relations Commission” (NLRC) when its Resolution dated March 11, 2011 affirmed the April 30, 2010 Decision by the Labor Arbiter.

Petitioners Rolando Ramos, Jhunel Tobias, Rogelio S. Ramos, Dino Laga and Alberto Lacerna earlier filed a complaint for illegal dismissal against Scenarios, Inc. after the GMA program, All Star K, wrapped up in October 2009.

Upon finding no employer-employee relationship between the petitioners and Scenarios, Inc., the Labor Arbiter ruled in favor of the latter.

The petitioners then appealed to the NLRC which sustained the Labor Arbiter’s decision on the ground that it “was not swayed by the petitioners’ insistence” that they were hired as regular employees. After their appeal and motion for reconsideration were both denied, the petitioners then elevated the matter to the CA.

“The petition lacks merit,” said the ruling of the Court.  It went on to quote the NLRC decision that while the petitioners were hired as augmentation set crew,  their services were not really engaged for the usual business of Scenarios and they “actually rendered intermittent casual work” for Scenarios.

Thereby, the petitioners “cannot be considered to have attained the status of regularity.”  Concurring in the decision are Associate Justices Stephen Cruz and Pedro Corales.  (MNS)

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