G.R. No. 167648 ; January 28, 2008
TELEVISION AND PRODUCTION EXPONENTS, INC. and/or ANTONIO P. TUVIERA, petitioners, vs. ROBERTO C. SERVAÑA, respondent.

FACTS

Petitioner Television and Production Exponents, Inc. (TAPE), a television program production company, engaged the services of respondent Roberto Servaña from 1987 until his termination on March 3, 2000. Servaña performed security functions, such as controlling crowds and securing staff and guests during the taping of the show “Eat Bulaga!”. TAPE contended that Servaña was a “talent” or program employee under a special arrangement, hired only until it could engage a professional security agency. Upon contracting Sun Shield Security Agency, TAPE terminated Servaña’s services via a memorandum, prompting him to file an illegal dismissal complaint.
Servaña asserted he was a regular employee, performing necessary and desirable duties for 13 years. The Labor Arbiter ruled he was a regular employee but was validly terminated due to redundancy, awarding separation pay. The NLRC reversed, classifying him as a non-regular program employee. The Court of Appeals then reinstated the Labor Arbiter’s finding of regular employment but declared the dismissal illegal for non-compliance with due process, awarding nominal damages and holding TAPE’s president solidarily liable.

ISSUE

Whether respondent Roberto Servaña was a regular employee of TAPE, and if so, whether his termination was legal.

RULING

The Supreme Court affirmed the Court of Appeals with modification. Servaña was declared a regular employee. The legal logic hinges on the application of Article 280 of the Labor Code. The Court found that Servaña was engaged to perform activities necessary and desirable to TAPE’s usual business of television production for over a decade. His security and crowd control duties were integral to ensuring orderly and safe program tapings, which is vital to the business. The length of service and the continuous nature of his work indicated regular employment, not a mere contractual or project-based arrangement. The fact that he worked for other productions simultaneously did not negate regular status, as the law contemplates the nature of the relationship with the primary employer.
However, the termination based on redundancy—an authorized cause—was substantiated, as TAPE legitimately contracted a security agency, rendering Servaña’s position superfluous. Yet, TAPE failed to comply with the twin-notice requirement and a hearing, violating statutory due process. Consequently, while the dismissal was for a just cause, the procedural defect rendered it illegal in procedure, warranting an award of nominal damages (P10,000.00) to Servaña. The Court modified the appellate decision by absolving President Antonio Tuviera from solidary liability, as there was no evidence he acted with malice or bad faith. Only the corporate entity, TAPE, was held liable.