NLRC junks case filed by ex-GMA Network exec

The National Labor Relations Commission (NLRC) has dismissed the complaint for illegal dismissal filed by former GMA Network executtive Dan Albert De Padua against GMA Network, Inc. and GMA chairman, president and CEO Felipe L. Gozon for lack of jurisdiction.

GMA’s motion to dismiss was granted by the NLRC, through the order of Labor Arbiter Madjayran H. Ajan dated May 26, 2004, on the ground that "the issues in the case are best determined by the regional trial courts as the Commission is not equipped to deal with such intra-corporate matters."

In his complaint, De Padua, former GMA Network vice president for network operations and programming, alleged that he was constructively then actually dismissed from the company and demanded reinstatement and damages. De Padua was terminated by GMA Network in March 2002 due to loss of trust and confidence.

GMA Network argued that the NLRC lacks jurisdiction over the case since "the complaint involves the removal or dismissal of an elected officer by the Board of Directors, which is outside the jurisdiction of the Commission, but within the exclusive original jurisdiction of the Regional Trial Courts (RTC) pursuant to R.A. 8799, or the Securities Regulation Code."

De Padua said that he was not a mere corporate officer of GMA Network but was also an employee and that the principal issues involved in the complaint were labor issues.

But the NLRC stated that "there is no doubt as to the status or relationship of the parties because the complaint and the supplemental complaint state that complainant is a corporate officer of GMA Network, Inc. and that the Board of Directors of GMA Network, Inc. exercised its prerogative of terminating his services for loss of trust and confidence. Consequently, these allegations fall within the provisions off Sec. 5 (c) of P.D. 902-A and Sec. 5.2 of the Securities Regulation Code stating that controversies in the election or appointment of an officer of a corporation fall within the jurisdiction of the regional trial courts."