MANILA — The Supreme Court has junked the appeal of newscaster Mel Tiangco’s illegal dismissal and illegal suspension case against ABS-CBN over her appearance in a TV commercial in 1995.

“Supreme Court junks appeal of newscaster Mel Tiangco’s illegal dismissal and illegal suspension case vs ABS-CBN over her appearance in a TV commercial in 1995. SC affirms 2012 CA ruling which approved a 2011 partial settlement agreement between Tiangco and ABS-CBN.”
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In a ruling dated December 6, 2021 but released to the public only on Thursday, the high court affirmed a 2012 Court of Appeals ruling which approved a 2011 partial settlement agreement between Tiangco and ABS-CBN.

The settlement agreement covered Tiangco’s salaries during her 3-month suspension, 13th month pay, travel allowance, among others but she had asked for separation pay, damages and attorney’s fees.

Supreme Court junks appeal of newscaster Mel Tiangco’s illegal dismissal and illegal suspension case vs ABS-CBN over her appearance in a TV commercial in 1995.

SC affirms 2012 CA ruling which approved a 2011 partial settlement agreement between Tiangco and ABS-CBN. pic.twitter.com/01sO0f2dXB

— Mike Navallo (@mikenavallo) June 3, 2022

The Supreme Court Third Division, through a decision penned by Associate Justice Rodil Zalameda, said she’s not entitled to these benefits because she was not an employee of ABS-CBN.

Instead, SC considered her an independent contractor and said ABS-CBN had no control over her work as TV Patrol co-anchor.

“As a well-known veteran news anchor, petitioner’s manner in delivering the news was distinctly her own,” the SC decision said.

Tiangco had argued ABS-CBN controlled her performance as co-anchor on TV Patrol, aside from other claims using the four-fold test for determining employer-employee relationship.

She alleged that ABS-CBN selected and hired her for her individual and peculiar talents and skills; that ABS-CBN paid her salaries through a payroll account and withheld compensation income tax; and that she was subjected to ABS-CBN’s rules and regulations.

But the court said that Tiangco’s acknowledgment that she was hired because of her peculiar talents and skills proved the presence of the elements of an independent contractor.

“Her voice, stature, aura, and representation, form part of the unique qualities that impelled ABS-CBN to pick her for the job,” the court said.

“Petitioner ‘reading the news’ is not the same as an average person reading the same news. The impact would simply be not the same as there is a premium that goes with petitioner’s stature,” it added.

SC also said that paying Tiangco’s salaries through the company payroll on specified dates with income tax withheld was “not a conclusive proof of employer-employee relationship, as such an arrangement is often agreed upon only for purposes of convenience.”

“Possession of unique skills, expertise, or talent is a persuasive element of an independent contractor. It becomes conclusive if it is established that the worker performed the work according to their own manner and method and free from the principal’s control except to the result,” it said.

The SC decision was concurred in by SC Senior Associate Justice Marvic Leonen and justices Rosmari Carandang, Ricardo Rosario and Jose Midas Marquez.

Tiangco was one of the original co-anchors of TV Patrol before she got suspended for 3 months and eventually moved to GMA-7.

The labor arbiter declared illegal her suspension and subsequent constructive dismissal.

But the National Labor Relations Commission ruled in favor of ABS-CBN.

On appeal to the CA, both parties entered into a partial settlement agreement affirmed by the SC.