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Republic of the PhilippinesDepartment of Labor and EmploymentNATIONAL LABOR AND RELATIONS COMMISSIONQuezon City

CHRISTIAN BOCHEE M. CABALUNA ET AL., Complainants,

-versus- NLRC NCR Case No. 06-06683-14

GMA NETWORK INCORPORATED / MR. FELIPE GOZON. Respondents.x------------------------------------------x

REPLY

COMPLAINANTS CHRISTIAN BOCHEE M. CABALUNA ET AL., by counsel, unto this Honorable Office, respectfully state:

1. The allegations and arguments of respondents in their Position Paper should be brushed aside for being baseless and for lack of merit.

2. Primarily, respondents argue that complainants are not their employees as provided for in the General Terms of the Talent Agreement signed by the parties. Accordingly, paragraph 23 of the General Terms provides, to wit:

23. This agreement does not establish on employer-employee relationship between GMA and TALENT. TALENT agrees that as an independent contractor, TALENT is not entitled to any rights and benefits granted to regular employees of GMA other than those specifically provided herein.

3. Contrary to the position of respondents, paragraph 23 of the General Terms, as quoted above, is not determinative of the existence of employer-employee relationship between the parties. Complainants submit that paragraph 23 of the General Terms should bow down to the provision of Article 280 of the Labor Code, which provides, to wit:

ARTICLE 280.Regular and casual employment. The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.(underlining supplied)

4. As previously cited by complainants in their Position Paper, the employment status of a person is defined and prescribed by law and not by what the parties say it should be. (Industrial Timber Corporation vs. NLRC, G.R. No. 83616, January 20, 1989, 169 SCRA 341,348; Insular Life Assurance, Inc. vs. NLRC, G.R. No. 119930, March 12, 1993, 287 SCRA 476, 483).

5. In addition, it is a well settled doctrine that the nature of ones employment depends neither on the will or word of the employer nor on the procedure of hiring and the manner of designating the employee, but on the nature of the activities to be performed by the employee, considering the employers nature of business and the duration and scope of the work to be done (Abasolo v. NLRC, G.R. No. 118475, November 29, 2000, Bernardo v. NLRC, G.R. No. 122917, July 12,1999, 310 SCRA 186; San Miguel Corp. v. NLRC, G.R. No. 125606, October 7, 1998, 297 SCRA 277; Raycor Aircontrol Systems, Inc. v. NLRC, G.R. No. 114290, September 9, 1996, 261 SCRA 589).

6. Clearly, the existence of employer-employee relationship between the parties is to be determined not only by the Talent Agreement and its General Terms but by law, more particularly Article 280 of the Labor Code as quoted above.

7. At any rate, a closer examination of the provisions of the Talent Agreement and its General Terms shows that there is an employer-employee relationship between respondents and complainants, since respondents exercise control over the means and methods by which complainants are to perform their work.

8. The following provisions in the General Terms show that respondent GMA has control over complainants, to wit:

RESPONSIBILITIES

4. TALENT shall attend every production of the PROGRAM(s), including rehearsals, recordings, tapings, pre- and post-production sessions and meetings, according to such schedules as may be set by GMA. TALENTs services may also be required for other production, merchandising or promotional purposes and for other special projects of GMA outside of the PROGRAM(s) with no additional compensation, subject to TALENTs availability.

5. TALENT shall not render, for compensation or otherwise, service for or in any television/ radio program, show, promotion or event of any other broadcast media entity other than GMA and its subsidiaries and affiliates without the written consent of GMA. This provision shall likewise apply to any production, promotion, program or event of any enterprise, aired or broadcast in said media entity, in which the TALENT is engaged to perform service or a party of any kind.

Xxxxxxxxx

10.TALENT will abide by the program standards, policies, rules and regulations of GMA (insofar as they cover talents) including the GMA News and Public Affairs Ethics and Editorial Manual, the government or any of its agencies or instrumentalities and shall show the highest degree of propriety and professionalism at all times. TALENT hereby acknowledges being informed of or having received copies of said standards, policies, rules and regulations. TALENT shall be under the direct supervision of the assigned Program Manager.

11.TALENT shall liquidate and/or return all monies received as cash advance/s within the period provided in the policy on Cash Advance of GMA. Failure to do so shall cause the termination of this Agreement without prejudice to the right of GMA to recover the unliquidated amount/s from TALENT.

Xxxxxxxxx

GMAS RIGHTS

13.GMA retains all creative, editorial, administrative, financial and legal control over the PROGRAM(s) and TALENT shall defer to GMAs judgment on the foregoing aspects of production. GMA reserves the right to modify or change the format of the PROGRAM(s) and Airing Schedule(s) for more effective programming.

Xxxxxxxxx

RENEWAL AND TERMINATION

19.This Agreement may, at the exclusive option and discretion of GMA, be terminated at any time before the expiration of the Term upon thirty (30) days prior written notice to TALENT. At GMAs sole and absolute discretion, this Agreement may also be suspended or terminated immediately at any time for any of the following causes: (a) TALENT is found to have committed a breach of any of his or her obligations or warranties under this contract; (b) TALENTs performance, efficiency record or quality of work fails to meet the standards of GMA which were previously disclosed to TALENT; xxx

20.Should GMA cancel or suspend the PROGRAM(s), GMA shall have the exclusive option to assign TALENT to another program or retain TALENT as an exclusive talent even without a specific assignment. In either of these cases, GMA shall pay the Talent Fee, and Talent, in turn, shall be obligated not to render any service for or in any other radio, television, cable or internet production of any person, firm or corporation or any entity competitive with GMA for the remainder of the Term. Should GMA not exercise any of these options, then the provisions of the previous paragraph shall govern.

21.TALENT hereby grants to GMA the exclusive and irrevocable option to renew this contract under the same terms and conditions and for the same period. The agreement is deemed renewed upon the service by GMA of a written notice of renewal to the TALENT prior to the expiration of this Contract.

9. Indeed, measured by the length and extent by which respondents have control over complainants in their work as cited above, such as: attendance in activities according to the schedule set by respondents; assignment to additional tasks outside the program stipulated in the contract; exclusivity in the services performed by complainants in favor of respondents; coverage in the program standards, policies, rules and regulations set by respondents; cash advance privilege and liquidation; control by respondents in all aspects of production, including the format of production; power of respondents to suspend or terminate complainants; and the sole prerogative of respondents to renew the contract. All of these are indicative of an employer-employee relationship.

10. To further demonstrate the existence or absence of an employer-employee relationship between complainants and respondents, both parties have referred in their respective Position Papers to the four-fold test in determining employer-employee relationship, as follows: (1) the manner of selection and engagement; (2) the payment of wages; (3) the presence or the absence of the power of dismissal; and (4) the presence of the absence of the power of control (Abante v. Lamadrid Bearing and Parts Corp. (G.R. No. 159890,May 28, 2004, 430 SCRA 368).

11. As regards the criteria of the power to dismiss, respondents erroneously allege in their Position Paper that it is not in a position to dismiss or sanction complainants in whatever manner because they are not its employee (p.100, respondents Position Paper). Nothing can be farther from the truth. Contrary to the allegation of respondents, GMA exercises the power to discipline complainants, including the imposition of penalty from suspension to dismissal.

12. It will be pointed out that in the past, respondents take no hesitation in the exercise of the power to dismiss or the power to discipline complainants. On occasions, respondents have issued to complainants memoranda requiring them to explain in writing for alleged violations of instructions and/or rules and regulations and consequently imposed upon them disciplinary sanctions, such as suspension.

Copies of some memoranda issued to complainants showing the exercise of discipline over complainants are attached hereto as Annexes F to F-23, to wit:

ANNEXDESCRIPTION OF DOCUMENT

FNotice to Explain from Program Manager Lee Joseph M. Castel to Leonardo Leonor, Cameraman, dated 12 August 2013.

F-1Memorandum Noted by Program Manager Lee Joseph M. Castel to Leonardo Leonor, Cameraman, dated 14 February 2011.

F-2Memorandum of First Warning from Karen Canlas-Lumbo, Program Manager to Regit Adrian Antonio, Production Assistant dated 22 June 2010.

F-3Notice to Explain from Lloyd Navera, Program Manager to Zarah Jane Misuela, Production Assistant dated 9 January 2014

F-4Notice to Explain from Program Manager to Rems Bandiola, Writer/Producer dated 31 October 2010.

F-5Notice of Suspension from Program Manager to Rems Bandiola, Writer/Producer dated 15 November 2010.

F-6Notice to Explain from Angeli G. Atienza, Program Manager to Michael Manalaysay, Team Leader dated 31 January 2012.

F-7Notice of Decision from Angeli G. Atienza, Program Manager to Michael Manalaysay, Team Leader dated 24 February 2012.

F-8Notice of Final Decision on Suspension from Arlene Carnay, AVP Public Affairs to Michael Manalaysay, Team Leader dated 29 February 2012.

F-9Notice of Decision from Lloyd Navera, Program Manager to Stephen Patricio, Executive Producer dated 19 July 2013.

F-10Incident Report from Lloyd Navera, Program Manager to Stephen Patricio, Executive Producer dated 9 January 2014.

F-11Memorandum on Tardiness Policy for Public Affairs from Lloyd Navera, Program Manager dated 29 April 2014.

F-12Notice to Explain from Neil B. Gumban, Assistance Vice President to Harvey Bayona, Executive Producer dated 3 October 2012.

F-13Notice of Decision from Karen C. Lumbo to Harvey Bayona, Executive Producer dated 14 October 2014.

F-14Written Reminder from Kelly B. Vergel de Dios, Administrative Manager to Jayson Bernard B. Santos and Karen Ann A. Velarde dated 6 February 2008.

F-15House Rules for News and Public Affairs/ QTV News & Public Affairs as attached to Annex F-14.

F-16Notice of Decision from Karen C. Lumbo to Researcher dated 14 October 2014.

F-17Notice to Explain from Nena Celle Dumol, Program Manager to Rochelle Marcelo, Researcher dated 3 May 2012.

F-18Notice to Explain from Neil B. Gumban, OIC-Cluster B/ AVP to Mary Rose M. Castro, Researcher dated 22 June 2011.

F-19Memorandum on Replacement Fee for Lost/ Damaged or Stolen IDs and Penalties for Loaning / Misusing Media IDs from Administrative Manager, News and Public Affairs to News and Public Affairs and EFOD/OB Van Field Personnel dated 31 March 2008.

F-20Notice to Explain / Late Liquidation from Sherilyn Bruan, Program Manager to Archibald Formales, Researcher dated 20 December 2013.

F-21Notice to Explain Leogarda S. Matias, OIC Public Affairs to John Criel Candelaria, Segment Producer dated 23 November 2012.

F-22Notice of Decision from Leogarda S. Matias, OIC Public Affairs to John Criel Candelaria, Segment Producer dated 6 December 2012.

F-23Notice to Explain from Lloyd Navera, Program Manager to Mary Rose Castro, Segment Producer, Mark Anthony Norella, Segment Producer, Nastassia Simmone Olivar, Segment Producer, Gemmalyn Masanga, Segment Producer, Mariel Daguman, Segment Producer, Ronelie Siervo, Researcher, Jerica Herga, Researcher, Fernanne Gulapa, Researcher, and Arra Trisha Papica, Researcher dated 01 October 2014.

13. On the criteria of the power to hire, respondents erroneously claim in their Position Paper that Complainants never filed any application for employment with respondents GMA (p.100, respondents Position Paper). Contrary to such allegation of respondents, complainants did file their respective applications for employment with GMA. Complainants were made to undergo an examination and interview conducted by the officers of GMA before they were finally hired. Complainants were likewise made to submit various documents such as medical certificate and clearances as an integral part of the hiring process of GMA.

Copies of some samples of the Talent Requirements Checklist, application letter of complainant Jerome M. Nebres addressed to Ms. Lilybeth G. Rasonable, Senior Vice President, Entertainment TV Group, medical pre-employment exam of complainant, News and Public Affairs Examination of complainant Ivy Suzette A. Gucilatar, resume of complainant Ivy Suzette A. Gucilatar, and Ethics Test of complainant Ivy Suzette A. Gucilatar, submitted by complainants to GMA in the process of their application for employment are attached hereto as Annexes F-24 to F-29, to wit:

ANNEXDESCRIPTION OF DOCUMENT

F-24News and Public Affairs Talent Requirements Checklist

F-25Application Letter of Jerome M. Nebres to Lilybeth G. Rasonable, Senior Vice President, Entertainment TV Group dated 3 April 2014.

F-26Pre-employment Exam (Medical) Form

F-27News and Public Affairs Examination of Ivy Suzette A. Gucilatar dated 10 June 2009.

F-28Resume of Ivy Suzette A. Gucilatar

F-29Ethics Test of Ivy Suzette A. Gucilatar.

14. It was only after going through the hiring process conducted by GMA that complainants were eventually hired as employees, though referred to as talents. However, complainants were made to sign by GMA the Talent Agreement, together with the General Terms, in an attempt to circumvent the rules on employment relations.

15. With respect to the criteria of the power of control, respondents deny in bad faith that they exercise the power of control over complainants as to the means and method with which to accomplish their work. Quite the contrary, respondents exercise the power of control over the complainants. No less than the General Terms of the Talent Agreement provides so as demonstrated above.

Some documents showing control by respondents over the means and method by which complainants perform their work are attached hereto as Annexes F-30 to F-80, to wit:

ANNEXDESCRIPTION OF DOCUMENT

F-30Logbook of employees at Kapuso Center, 2nd Floor dated 03 October 2011.

F-31Logbook of employees at Kapuso Center, 2nd Floor dated 04 October 2011.

F-32Logbook of employees at Kapuso Center, 2nd Floor dated 30 NOvember 2011.

F-33Logbook of employees at Kapuso Center, 2nd Floor dated 01 December 2011.

F-34Logbook of employees at Kapuso Center, 2nd Floor dated 03 December 2012.

F-35Logbook of employees at Kapuso Center, 2nd Floor dated 04 December 2012.

F-36Logbook of employees at Kapuso Center, 2nd Floor dated 01 October 2013.

F-37Logbook of employees at Kapuso Center, 2nd Floor dated 02 October 2013.

F-38Logbook of employees at Kapuso Center, 2nd Floor dated 30 September 2014.

F-39Logbook of employees at Kapuso Center, 2nd Floor dated 01 October 2014.

F-40Letter from Maureen Fatima Dizon, Production Administrator to Imbestigador personnel, including complainants, regarding 2014 Family Day Outing of GMA employees.

F-41Letter from Maureen Fatima Dizon, Production Administrator to Imbestigador personnel, including complainants regarding application for new media ID 2014.

F-42Stock Issuance Slip Form of GMA availed of by complainants, particularly Ana Martha Zamora and Marissa Flores.

F-43Stock Issuance Slip Form of GMA availed of by complainants, particularly Mary Grace Lalu.

F-44Email from Public Affairs Cashier III to Maureen Fatima Dizon, Melissa M. Nicdao, Shiela Marie Sundia, Margery D. Cario-Latoza and Mary Abegail Atienza regarding overdue liquidations subject for salary deductions.

F-45Technical Facilities Request signed by Harvey Bayona.

F-46Stock Issuance Slip (for office supplies) submitted by Marissa Barral.

F-47Stock Issuance Slip (for SMART electronic load) submitted by Marissa Barral.

F-48 to F-48-aDay Off Revised Weekly Production Schedule dated 30 October 2012 noted by Joy C. Marcelo.

F-49Memorandum from Arvin Garcia, Executive Producer, copy furnished Patty Gutierrez, Program Manager and Rebecca Villareal, Production Administrator dated 22 August 2011 re: Grounds for Memos Guidelines and Regulations

F-50Notice of Renewal of Talent signed by Joseph Jerome T. Francia, Vice President and Head of Operations dated 4 March 2013.

F-51Assessment of complainant Edmalyne E. Remillano dated 15 December 2013.

F-52ICT Borrower Slip requested by Ruby Rose Olerino, approved by Lloyd Navera, Production Manager.

F-53Program Guidelines for Facts and Trivia in I Juander issued by Lloyd Navera, Program Manager and noted by Neil Gumban, AVP, Public Affairs

F-54Email on assigned schedule for Batch 3 of Networkwide Training requiring some complainants to attend.

F-55Authorization to borrow from the Central Library and Archives Management issued to complainant Zara Misuela approved by Lloyd Navera, Program Manager.

F-56Application for leave of complainant Zara Jane Misuela, Production Assistant submitted to Lloyd Navera, Program Manager dated 06 May 2014.

F-57Application for leave of complainant Zara Jane Misuela, Production Assistant submitted to Lloyd Navera, Program Manager dated 28 August 2013.

F-58Tape Issuance Slip for the use of facilities at the Central Library and Archives Management under the name of complainant Zara Misuela.

F-59Authorization to borrow at the Central Library and Archives Management of complainant Zara Misuela approved by Joy Marcelo.

F-60 to F-60-bGMA Post Production House Rules which complainants are made to sign.

F-61Memorandum issued by Queenie Santos Dimapawi, Senior Program Manager re: Call Time

F-62 to F-62-bPolicies on Imbestigador Production Staff signed by Joy Madrigal, noted by Arlene U. Carnay, AVP, Public Affairs Department.

F-63 to F-63-cExchange of emails re: 2nd Semester 2014 Performance Appraisal.

F-64Email from Mary Hazel Bautista to some of the complainants re: Training Orientation of all staff (Executive Producers, Segment Producers and Researchers) of News & Public Affairs programs.

F-65 F-65-bMemorandum from SVP News and Public Affairs to News and Public Affairs Personnel re: Guidelines Political / Election Related Stories.

F-66 to F-66-aMemorandum from SVP News and Public Affairs to News and Public Affairs Officers, Managers and Staff, NVOD Personnel re: Reminders on Cutaways.

F-67Vehicle Trip Ticket

F-68Travel Order issued to Richard Dionisio (Segment Producer), Jevi Bryan Bilaos (Program Researcher), Samuel Arce (Cameraman).

F-69Cash Advance Slip Form of Jevi Bryan Bilaos dated 24 February 2014.

F-70Email Re: Wilderness Survival Training (Survival and Self Rescue Course) for News and Public Affairs Personnel (Researchers, Segment Producers, Reporters, Video Journalists and Assistants).

F-71Email Re: Orientation of Reseachers.

F-72 to F-72-aEmail Subject: FYI- Outstanding liquidations

F-73Email Re: Permit to Research Jevi Bryan Bilaos

F-74 to F-74-aEmail Re: Prod Cashiers Full Implementation of Cash Advance Policy

F-75 to F-75-aEmail Re: Reminder for Researchers

F-76 - F-76-aEmail Re: Writers Workshop wherein attendance of all SONA Writer-Producers, Segment Producers and Researchers are required to attend.

F-77Recommendation of John Michael Cristobal (Researcher) to undergo examination to qualify as a Segment Proceducer, noted by Angelie Atienza, Program Manager.

F-78Email Re: Assignment of some complainants as shotlisters to assist new librarians in organizing and shotlisting tapes.

F-79 F-79-bTravel order to Jason Cruz, Mark John Macapagal, (Camera 2), Arci Formales or Bidz Dela Cruz (Segment Producer)

F-80Memorandum allowing the request of complainant Chloe G. Ben for domain/email account of GMA.

16. With respect to the criteria of payment of salaries or wages, it is the erroneous allegation of respondents that complainants are being paid talent fees that are substantially higher than the salaries of regular employees of respondent GMA. They are not included in the roster of employees and in the payroll of regular employees of respondent GMA. Complainants were not paid wages in the frequency of the payment of wages of respondent GMAs regular employees. (pp.100-101, respondents Position Paper)

17. Contrary to the claim of respondents, complainants are being paid by GMA of their wages or salaries, well yes, otherwise described as talent fee. It is submitted, however, that talent fee partakes of the nature of a wage or salary since it constitutes a reward or recompense for services performed. The Supreme Court held, thus:

Salary, the etymology of which is the Latin word solarium, is often used interchangeably with wage, the etymology of which is the Middle English word wagen. Both words generally refer to one and the same meaning, that is, a reward or recompense for services performed. Likewise, pay is the synonym of wages and salary. (Azucena, Cesario Jr., The Labor Code With Comments and Cases, Vol.I 1999 Ed., citing Songco et al. v. NLRC, GR No. 5099951000, March 23, 1990)

18. Clearly, respondents are paying complainants salaries or wages in the form of talent fee as a reward or recompense for services performed. Such being the case, the criteria of payment of salaries or wages is satisfied in this case.

19. The allegations of respondents that complainants are not included in the roster of employees and in the payroll of regular employees; that complainants were not paid wages in the frequency of the payment of wages of respondent GMAs regular employees; and that talent fee are substantially higher than the salary rates of regular employees with equivalent ranks or department heads and top executives are not relevant in the criteria of payment of salaries and wages as a basis for determining employer-employee relationship. Moreover, these are self-serving allegations devoid of any substantial evidence so as to merit a serious consideration.

Copies of some sample pay slips and identification cards of complainants are attached hereto as Annexes F-81 to F-120-a, to wit:

ANNEXDESCRIPTION OF DOCUMENT

F-81GMA Media ID of complainant Jiecel M. Ramirez (Researcher)

F-81-aSample Payslip of complainant Jiecel M. Ramirez

F-82GMA Media ID of complainant Fernanne Jude M. Gulapa (Researcher)

F-82-aSample Payslip of complainant Fernanne Jude M. Gulapa

F-83GMA Media ID of complainant Arra Trisha Nicole Papica (Researcher)

F-84GMA ID of complainant Axl Joffline S. Malonzo

F-84-aSample Payslip of complainant Axl Joffline S. Malonzo

F-85GMA Media ID of complainant (Program Researcher)

F-85-aSample Payslip of complainant (Program Researcher)

F-86GMA ID of complainant Mario C. Urrutia III (Researcher)

F-86-aSample Payslip of complainant Mario C. Urrutia III

F-87GMA ID of complainant

F-87-aSample Payslip of complainant

F-88GMA ID of complainant Julianne-Rose D. Marquez

F-89GMA Media ID of complainant Jane Ariane V. Guevarra (Researcher)

F-89-aSample Payslip of Jane Ariane V. Guevarra

F-90GMA ID of complainant Irene A. Matta

F-90-aSample Payslip of complainant Irene A. Matta

F-91GMA Media ID of complainant Jerome N. Nebres Program Researcher

F-91-aSample Payslip of complainant Jerome N. Nebres

F-92GMA Media ID of complainant Serafin Candido O. Gozon Jr. (Researcher)

F-92-aSample Payslip of Serafin Candido O. Gozon Jr.

F-93GMA Media ID of complainant (Location Manager)

F-93-aSample Payslip of complainant (Location Manager)

F-94GMA ID of complainant

F-94-aSample Payslip of complainant

F-95GMA Media ID of complainant (Researcher / Field Producer)

F-95-aSample Payslip of complainant (Researcher / Field Producer)

F-96GMA Media ID of complainant Dennis G. Lasala (Production Coordinator)

F-96-aSample Payslip of complainant Dennis G. Lasala

F-97GMA ID of complainant Mariza L. Barral

F-97-aSample Payslip of complainant Mariza L. Barral

F-98GMA Media ID of complainant Maria Crecelle R. Cruz (PALS)

F-98-aSample Payslip of complainant Maria Crecelle R. Cruz

F-99GMA Media ID of complainant Chloe Garcera-Ben (Head-Coordinator IMB)

F-99-aSample Payslip of complainant Chloe Garcera-Ben

F-100GMA Media ID of complainant Mary Grace D. LaluDepalubos (Action Center Coordinator-IMB)

F-100-aSample Payslip of complainant Mary Grace D. LaluDepalubos

F-101GMA Media ID of complainant Elmer F. Cabarles Jr. (Action Center Coordinator)

F-101-aSample Payslip of Elmer F. Cabarles Jr.

F-102GMA Media ID of complainant Christine N. Aban (Action Center Coordinator)

F-102-aSample Payslip of complainant Christine N. Aban

F-103GMA Media ID of complainant James F. Arce (Cameraman)

F-103-aSample Payslip of complainant James F. Arce

F-104GMA Media ID of complainant Leonardo Leonor (Cameraman)

F-104-aSample Payslip of complainant Leonardo Leonor

F-105GMA Media ID of complainant Anne Rose O. Gamboa (Remote Interview-Producer)

F-105-aSample Payslip of complainant Anne Rose O. Gamboa

F-106GMA ID of complainant (Writer)

F-106-aSample Payslip of complainant (Writer)

F-107GMA Media ID of Edmalynne Remillano (Writer/ Producer)

F-107-aSample Payslip of complainant Edmalynne Remillano

F-108GMA ID of complainant Dawnavie A. Dadis

F-108-aSample Payslip of complainant Dawnavie A. Dadis

F-109GMA Media ID of complainant Simon Efraim M. Borromeo (Segment Producer)

F-109-aSample Payslip of Simon Efraim M. Borromeo

F-110GMA ID of Annalyn G. San Pedro

F-111GMA ID of complainant

F-112GMA ID of complainant Zara Jane Q. Misuela

F-112-aSample Payslip of complainant Zara Jane Q. Misuela

F-113GMA Media ID of complainant Ruby Rose J. Olermo (Production Assistant)

F-113-aSample Payslip of complainant of Ruby Rose J. Olermo

F-114GMA ID of complainant Madeleine Zaide

F-115GMA Media ID of complainant Michael Manalaysay (Associate Producer)

F-115-aSample Payslip of complainant Michael Manalaysay

F-116GMA Media ID of complainant Lea Paz P. Torre (Aspil Team Leader)

F-117GMA ID of complainant Remanuel L. Bandiola

F-117-aSample Payslip of complainant Remanuel L. Bandiola

F-118GMA Media ID of complainant (Writer)

F-118-aSample Payslip of complainant (Writer)

F-119GMA Media ID of complainant Harvey Henryan G. Bayona

F-119-aSample Payslip of Harvey Henryan G. Bayona

F-120GMA ID of complainant

F-120-aSample Payslip of complainant

20. The overwhelming evidence submitted by complainants showing the existence of an employer-employee relationship in this case negates the claim of respondents that complainants are independent contractors or employees with a fixed period contract. If at all, these concepts of independent contractor and employment with a fixed period are being used by respondents as a subterfuge to circumvent the rule on regular employment.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Labor Arbiter that a decision be rendered declaring complainants to be regular employees of GMA-7 and that they are entitled to the benefits and privileges as such regular employees.

Other reliefs just and equitable under the premises are likewise prayed for.

Quezon City; 10 November 2014.

SENO, MENDOZA AND ASSOCIATESLAW OFFICECounsel for ComplainantsPGEA Compound Elliptical RoadCor. Maharlika Ave., Diliman Q.C.

By:

RICARDO B. LAPESURA JR.PTR No. 9081712; 1-07-14 Q.C.IBP No.953450 1-08-14 E.Samar (2014-2015)Roll of Attorneys No.40147MCLE Compliance IV-0013937Issued on 3-13-13; Pasig CityTel No. 922-25-75

VERIFICATION / CERTIFICATION

I, CHRISTIAN CABALUNA, of legal age, Filipino citizen, after having been duly sworn to in accordance with law, do hereby depose and states:

1. That I am one of the complainants and authorized representative of the other complainants in the above-entitled case (see Annex E, Special Power of Attorney);

2.That I have caused the preparation of the foregoing Position Paper;

3.That I have read the contents thereof and that they are true and correct based on my own personal knowledge and authentic records;

4.That I have not filed any action or proceeding with the Supreme Court, the Court of Appeals or any other court, body or tribunal involving the claims herein and to the best of my knowledge, no such action or proceedings is pending before said courts, bodies or tribunals;

5.That I undertake to inform the Honorable Office within five (5) days should I learn that any such action or proceeding has been instituted or is pending, before the Supreme Court, the Court Of Appeals, any other tribunal or agency.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___day of November 2014 at Quezon City.

CHRISTIAN CABALUNAAffiant

SUBSCRIBED AND SWORN TO before me this ___ day of November 2014, affiant exhibited to me his Non-Professional Drivers License ID with No. N25-98-044221 which expires on 2015-12-08.

Doc. No._____;Page No._____; Book No._____;Series of 2014.

Copy furnished:GMA NETWORK INCORPORATED/ MR. FELIPE GOZON