THE Court of Appeals (CA) has junked Intercontinental Broadcasting Corp.’s (IBC) appeal in connection with a labor case filed by employees of the state television network.
In a resolution penned by Associate Justice Ramon Paul Hernando and concurred in by Associate Justices Francisco Acosta and Stephen Cruz, the CA’s Special Fifth Division held that there is nothing more for them to resolve as the main issue on the controversy in IBC’s petition for review on certiorari dated January 11,2010 has been finally settled by the Supreme Court (SC) in its resolutions dated February 12, 2014 and June 9, 2014 affirming the appellate tribunal’s decision dated July 31, 2008.
The IBC is one of the several corporations sequestered by the government together with Radio Philippines Network (RPN) and Banahaw Broadcasting Corp. (BBC).
The three were previously owned by Ambassador Roberto Benedicto, who turned the three firms into a consortium, known as Broadcast City, sometime in 1976.
The manpower resources of each company were pooled to serve the needs of the consortium, in that, the employees hired by one company were transferred or assigned to the other companies. In effect, all the employees of the three companies were considered as one. Thereafter, the three companies were sequestered by the government after the February 1986 peaceful people’s uprising.
Gerry Novencido, Rodolfo Yabut, Avelino dela Torre, Armando Fontelera, Rodolfo Consunji, Orlando Matubis and Emmanuel Dones, represented by their labor organizations, filed and submitted to the Office of the Voluntary Arbiter (OVA) the issue on whether the assignment of the individual complainants with the other members of the consortium should be credited as part of their employment with the IBC for purposes of computation and payment of their retirement or separation pay and other benefits.
While it was pending, the CA rendered a decision in the case of Rogelio Plata, et al. until the OVA adopted the same in its ruling.
In February 2014, the SC issued a resolution denying IBC’s petition and affirmed the CA’s verdict.
In its November 25, 2016 ruling that was released to the media just recently, the CA dismissed the petition of the broadcast firm for being moot and academic.
“The issue on whether petitioner is a separate and distinct entity from RPN and BBC so that it cannot be held liable for the monetary claim of individual complainants has already been resolved [previously]in the CA’s decision…” it said.