SC junks broadcaster Mel Tiangco’s petition vs ABS-CBN over suspension, soap ad issue

Supreme Court of the Philippines (FILE PHOTO)

MANILA, Philippines — The Supreme Court (SC) dismissed broadcaster Mel Tiangco’s petition seeking separation pay, damages, and attorney’s fees from media giant ABS-CBN after the news anchor was suspended by the company due to her appearance in a laundry soap advertisement in 1995.

In a decision dated December 6, 2021, but was released on Wednesday, SC argued that Tiangco — whom they said was an independent contractor and not an employee of ABS-CBN — was not entitled to receive such compensation even with the Partial Settlement Agreement between the two parties.

 Tiangco was suspended by ABS-CBN in 1996 after she appeared in a laundry soap commercial in 1995.  On-air and on-camera talents and employees of the network were not allowed to participate in any ad campaigns without the consent of ABS-CBN.

Tiangco brought the issue to labor mediators and then to the Court of Appeals (CA), which sided with ABS-CBN.

“Petitioner maintains that her monetary claims were not fully settled by virtue of the Partial Settlement Agreement.  She points out that, based on the monetary award in the LA’s decision, her claims for separation, moral damages, and attorney’s fees are all unsatisfied and remain to be contested,” SC said.

According to SC, it is true that the settlement has not been fully enforced.  They also noted, however, that Tiangco may not be eligible to receive such claims because she was not an ABS-CBN employee.

 “[…] her claims for separation pay, moral damages, and attorney’s fees have no merit since all monetary claims of the petitioner have been settled in the Partial Settlement Agreement approved by the CA.  We agree with the petitioner,” SC said in the decision.

“Accordingly, separation pay, damages, and attorney’s fees were part of the petitioner’s appeal that were not included in the settlement approved by the CA.  Be that as it may, we hold that petitioner is still not entitled to these claims based on the findings that petitioner is not an employee of ABS-CBN,” it added.

SC also stressed that similar to Jay Sonza’s case, Tiangco’s co-host in the Mel and Jay program, the male broadcaster was considered a contractor and not a regular employee.

Aside from these, there was also no attempt from ABS-CBN to control how she reads news on the primetime news program TV Patrol.

“In addition, petitioner failed to establish that ABS-CBN controlled the manner in which she performed her job as a news anchor for TV Patrol.  On the contrary, the court finds that the petitioner performed the job according to her own manner and method, free from the network’s control.  Possession of unique skills, expertise, or talent is a persuasive element of an independent contractor,” SC said.

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