CEBU, Philippines - For lack of merit, the Court of Appeals has dismissed the petition filed by the barangay captain of Apas, Cebu City over his employment in a television company as a news reporter.
Associate Justice Gabriel Ingles of special 18th division affirmed the decision of the National Labor Relations Commission-7 that Ramil Ayuman was not illegally dismissed, but was considered resigned, by ABS-CBN Broadcasting Corporation when he ran for the barangay elections in 2010.
“Thus, with the validity of HR ER-016 and finding petitioner to be among those employees subject of the same, it may not be said that petitioner was illegally dismissed. Rather, petitioner voluntarily terminated his employment,†the decision reads.
In 2012, Ayuman appealed the decision of the NLRC when it affirmed the decision of the Labor Arbiter dismissing his complaint for illegal dismissal, payment of Collective Bargaining Agreement benefits and damages.
Ayuman claimed that the NLRC committed grave abuse of discretion amounting to lack or excess of jurisdiction in its ruling.
“…private respondent ABS-CBN’s policy of automatic resignation blatantly violates the labor laws. Said automatic resignation may not be justified as an exercise of management prerogative since private respondent company enforced only the policy when he (I) refused to become an independent contractor,†the complaint reads.
However, ABS-CBN noted that prior to the filing of the certificate of candidacy of Ayuman in 2010, the head of the Regional Network Group of ABS-CBN issued a memorandum reiterating the company’s policy on TV/Radio personalities seeking public office that whoever runs for public office shall be considered resigned.
Veneranda Cinco-Sy, Visayas Cluster Head of ABS-CBN, in the presence of Mary Ann Uy, news manager reminded Ayuman on October 11, 2010 of the company’s Election Policy of considering him to have automatically resigned from the company upon filing his Certificate of Candidacy.
House Rules ER-016, according to Ayuman, ABS-CBN adopted it since January 1, 1996. In years 2002 to 2007, Ayuman said he ran for public office and elected, however, he was never deemed resigned but was assigned to the night beat to cover police matters.
Ayuman insisted with that he was entitled to reinstatement and full backwages, damages and attorney’s fees by virtue of his illegal dismissal.
But Ingles said the court finds no reason to reverse the findings of the NLRC and LA.
In a text message to The FREEMAN, Ayuman said he will consult his lawyers and probably file an appeal before the Supreme Court. (FREEMAN)