ZALAMEDA, J.:
Upon expiration of the contract dated 27 April 1991, ABS-CBN entered into the May 1994 Agreement (Agreement)[6] with Mel & Jay Management and Development Corporation (MJMDC), committing to provide petitioner's services to ABS-CBN as exclusive talent for radio and television under the following stipulations:
Date Position Term Fee Other Terms 2 Nov-1987 Talent Newscaster in TV Patrol 6 months Php12,000.00 1. Exclusive
2. Talent not to appear or voice any other program other than those of ABS-CBN
3. Talent not to do any commercial without ABS-CBN's prior approval or clearance 26-Feb-1988 -same- 1 year Php25,000.00 -same- 13-Mar-1989 -same- 1 year Php35,000.00 -same- 5-Sept-1989 Contractual talent for the Mel & Jay show 26 weeks from 17 September 1989 Php20,000.00 per appearance per show Exclusive 2-May-1990 Talent Newscaster in TV Patrol 1 year Php50,000.00 1. Exclusive
2. Talent not to appear or voice any other program other than those of ABS-CBN
3. Talent not to do any commercial without ABS-CBN's prior approval or clearance 27-Apr-1991 Talent announcer/TV host with appearances at Mel & Jay (radio and tv programs) and TV Patrol 3 years Php240,000.00 plus Php250,000.00 worth of ABS- CBN stocks Exclusive
The AGENT shall provide the services of CARMELA C. Tiangco (Mel Tiangco) for the COMPANY as exclusive talent for Radio and Television. As Talent she shall render the following services:Thereafter, ABS-CBN issued the Memorandum[8] dated 08 February 1995 (Memorandum) concerning commercial appearances of its talents and regular employees. Citing the "clear... need to protect the integrity and credibility of the news and public affairs programs[,]"[9] the Memorandum directed all on-air and/or on-camera talents and employees in the Radio and the News and Public Affairs Departments to refrain from appearing in commercial advertisements, violation of which shall be considered a serious breach of company rules and regulations.[10]
a. Co-anchor TV Patrol news program aired Mondays to Fridays at 6:00 - 7:00 p.m.;
b. Co-host Mel & Jay radio program aired Mondays to Fridays at 8:00 - 10:00 a.m.;
c. Co-host Mel & Jay television program aired Sundays at 5:30 to 7:00 p.m.;
d. As executive director for Lingkod Bayan;
The AGENT warrants and obliges talent not to anchor and/or appear in any radio or television program in any other television or radio station without prior written approval of the COMPANY. AGENT further warrants that she shall not appear in commercials nor plug, mention, or otherwise, promote in the radio and television programs herein any radio or television program, segment or feature of any other radio or television station without the prior written approval of the COMPANY;
x x x
The COMPANY shall provide her with the following benefits: SSS, Medicare, healthcare, executive life and accident insurance, and a 13thmonth pay based on an amount not lower than the amount she was receiving prior to the effectivity of this Agreement.
In the event of cancellation of this Agreement through no fault of the AGENT and its talent, COMPANY agrees to pay the full amount specified in this Agreement for the remaining period covered by this Agreement, provided that she shall not render any service for or in any other radio or television production of any person, firm, corporation or any entity competing with the COMPANY until the expiry date hereof.
The COMPANY and AGENT [agree] that the Agreement is for a period of three (3) years effective March 01, 1994 to April 30, 1997.
AGENT agrees that talent shall abide by the rules, regulations and standards of performance of the COMPANY covering talents, and that talent is bound to comply with the Television and Radio Code of the Kapisanan ng mga Broadkaster sa Pilipinas (KBP), which has been adopted by the COMPANY as its Code of Ethics. AGENT shall perform and keep all of the duties and obligations assumed or entered by the AGENT hereunder using its best talents and abilities. Any violation of or non-conformity with this provision by talent shall be a valid and sufficient ground for the immediate termination of this Agreement.
x x x[7]
WHEREFORE, all the foregoing premises considered, judgment is hereby rendered declaring complainant's suspension and subsequent constructive dismissal as illegal, and the respondent company is hereby ordered to pay complainant as follows: P1,254,000.00 as salaries corresponding to the period of her suspension: P4,170,000.00 as separation pay; P972,249.66 as 13th-month pay; P500,000.00 as signing bonus; P1,100,000.00 as refund of her contributions to ESOP; P300,000.00 as commutable travel expense benefit for 1994; P3,000.000.00 as moral damages; and ten percent (10%) of all the foregoing judgment awards as attorney's fees.On 07 May 1999, ABS-CBN appealed[19] this decision to the National Labor Relations Commission (NLRC) on the ground of lack of jurisdiction considering that no employer-employee relationship existed between ABS-CBN and petitioner.[20]
SO ORDERED.[18]
WHEREFORE, respondents' appeal is hereby granted and the assailed Decision is hereby VACATED and SET ASIDE and a new one entered dismissing the case for lack of jurisdiction.The NLRC held that it cannot adopt the LA's findings based on the principle of star decisis. This, considering that Sonza and petitioner were similarly situated as both were covered by the Agreement containing identical provisions. As such, the Court's ruling in Sonza applied equally to both of them. The NLRC considered petitioner's claim that there were periods that she worked without a contract as "water under the bridge" since subsequently, she had a series of contracts with ABS-CBN, the latest being the Agreement in May 1994, which was deemed the law between the parties.[25]
SO ORDERED.[24]
WHEREAS, after several conciliation meetings presided over by the Hon. Gal-lang, the parties have mutually arrived at an agreement to partially settle specific monetary claims of petitioner Tiangco;
NOW THEREFORE, for and in consideration of the foregoing premises, the parties hereby agree and stipulate as follows:
1. PAYMENT - Petitioner Tiangco by this agreement signifies, that respondent has paid her in full amount covering her specific monetary claims as follows: salaries corresponding to her period of suspension, 13th Month pay, travel allowance, refund of her contributions to ESOP and Signing Bonus;
2. WITHDRAWAL OF DEPOSIT - Petitioner Tiangco shall be entitled to withdraw all amounts contained in a savings bank account originally opened at PCIBank Quezon Avenue (now BDO) designated as "Carmela Tiangco in Trust for ABS-CBN BROADCASTING CORPORATION" covered by Savings Account Passbook No. 5733-08476-5;"
3. WAIVER - Petitioner Tiangco therefore waives any and all claims she may have as against the respondent for any of the monetary claims as specified above.
4. NON-ADMISSION - The parties agree that nothing in this agreement shall in any way be considered as an admission or denial that would adversely affect in any way all other issues presented to the Honorable Court of Appeals for final adjudication.
5. ASSISTANCE OF COUNSELS - The parties declare that they have read this document and understood the terms and conditions thereof, and have freely and voluntarily executed the same with full knowledge and awareness of their respective rights under law, and that the same was made with the assistance of their respective counsels.
WHEREFORE, it is respectfully prayed of this Honorable Court of Appeals to approve the foregoing PARTIAL SETTLEMENT AGREEMENT.
15 December 2011, City of Manila.(signed)
CARMELA C. TIANGCOAssisted by: (signed)
ATTY. ARNO V. SANIDAD
ABS-CBN CORPORATION
By:
(signed)
ATTY. MAXIMILIAN T. UY
Vice President - Legal Services[30]
WHEREFORE, premises considered, the Partial Settlement Agreement dated 15 December 2011 is hereby APPROVED. Judgment is rendered in accordance with the same and the parties are hereby enjoined to strictly comply with its terms.The CA noted the stipulation in the Partial Settlement Agreement that said agreement shall not in any way be considered as an admission or denial that would affect the other issues submitted for final adjudication. Further, the CA ruled that "the final settlement of the monetary claims of Petitioner [petitioner herein] against Private Respondent [ABS-CBN], the remaining issue raised in the instant Petition of whether or not the Public Respondent committed grave abuse of discretion in refusing to inhibit itself in the resolution of the case, has now become moot and academic."[32]
With the execution of the Partial Settlement Agreement, the remaining issue in the instant Petition is already MOOT and ACADEMIC as above discussed.
SO ORDERED.[31]
On 8 September 2010, the instant case was referred to the Philippine Mediation Center (PMC)-Court of Appeals for mediation pursuant to the Resolution dated 23 March 2004 of the Supreme Court in A.M. No. 04-3-15-SC on the Implementation of Mediation at the Court of Appeals.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 pay, moral damages, and attorney's fees are still unsatisfied and remain to be contested.[36]
On 15 December 2011, the parties were able to reach a successful settlement of this case as contained in the Partial Settlement Agreement, the relevant portion thereof reads:
x x x x
A compromise agreement intended to resolve a matter already under litigation is a judicial compromise. Having judicial mandate and entered as its determination of the controversy, such judicial compromise has the force and effect of a judgment. It transcends its identity as a mere contract between the parties, as it becomes a judgment that is subject to execution in accordance with the Rules of Court.
Finding the above-quoted Partial Settlement Agreement to be not contrary to law, public order, public policy, morals and good customs, we resolve to approve the same.
However, there is a stipulation in the Partial Settlement Agreement that nothing in the said Agreement shall in any way be considered as an admission or denial that would adversely affect in any way all other issues presented to the Honorable Court of Appeals for final adjudication.
We rule that with the final settlement of the monetary claims of Petitioner against Private Respondent, the remaining issue raised in the instant Petition of whether or not the Public Respondent committed grave abuse of discretion in refusing to inhibit itself in the resolution of the case, has now become moot and academic. "A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value." In such cases, there is not actual substantial relief to which Petitioner would be entitled to and which would be negated by the dismissal of the Petition.[35]
1. PAYMENT - Petitioner by this agreement signifies, that respondent has paid her in full amount covering her specific monetary claims as follows: salaries corresponding to her period of suspension, 13th Month pay, travel allowance, refund of her contributions to ESOP and Signing Bonus;Clearly, the Partial Settlement Agreement did not include separation pay, damages, and attorney's fees. ABS-CBN's assertion that petitioner did not raise these as part of her claims in her appeal to the CA is erroneous. A reading of the records showed that petitioner raised this matter when she prayed for the reinstatement[40] of the LA's Decision dated 23 April 1999, which had awarded her Php4,170,000.00 as separation pay; Php3,000,000.00 in moral damages; and attorney's fees at ten percent (10%) of the total monetary award.[41]
x x x x
3. WAIVER - Petitioner Petitioner therefore waives any and all claims she may have as against the respondent for any of the monetary claims as specified above.
4. NON-ADMISSION - The parties agree that nothing in this agreement shall in any way be considered as an admission or denial that would adversely affect in any way all other issues presented to the Honorable Court of Appeals for final adjudication. x x x.[39] (Emphasis supplied)
Petitioner was an independent contractor |
SONZA maintains that all essential elements of an employer-employee relationship are present in this case. Case law has consistently held that the elements of an employer-employee relationship are: (a) the selection and engagement of the employee; (b) the payment of wages; (c) the power of dismissal; and (d) the employer's power to control the employee on the means and methods by which the work is accomplished. The last element, the so-called "control test", is the most important element.The Court passed on each of Sonza's arguments in support of his claim that ABS-CBN exercised control over his work, and ruled:
A. Selection and Engagement of Employee
ABS-CBN engaged SONZA's services to co-host its television and radio programs because of SONZA's peculiar skills, talent and celebrity status. SONZA contends that the "discretion used by respondent in specifically selecting and hiring complainant over other broadcasters of possibly similar experience and qualification as complainant belies respondent's claim of independent contractorship."
Independent contractors often present themselves to possess unique skills, expertise or talent to distinguish them from ordinary employees. The specific selection and hiring of SONZA, because of his unique skills, talent and celebrity status not possessed by ordinary employees, is a circumstance indicative, but not conclusive, of an independent contractual relationship. If SONZA did not possess such unique skills, talent and celebrity status, ABS-CBN would not have entered into the Agreement with SONZA but would have hired him through its personnel department just like any other employee.
In any event, the method of selecting and engaging SONZA does not conclusively determine his status. We must consider all the circumstances of the relationship, with the control test being the most important element.
B. Payment of Wages
ABS-CBN directly paid SONZA his monthly talent fees with no part of his fees going to MJMDC. SONZA asserts that this mode of fee payment shows that he was an employee of ABS-CBN. SONZA also points out that ABS-CBN granted him benefits and privileges "which he would not have enjoyed if he were truly the subject of a valid job contract."
All the talent fees and benefits paid to SONZA were the result of negotiations -that led to the Agreement. If SONZA were ABS-CBN's employee, there would be no need for the parties to stipulate on benefits such as "SSS, Medicare, . . . and 13th month pay" which the law automatically incorporates into every employer-employee contract. Whatever benefits SONZA enjoyed arose from contract and not because of an employer-employee relationship.
SONZA's talent fees, amounting to P317,000 monthly in the second and third year, are so huge and out of the ordinary that they indicate more an independent contractual relationship rather than an employer-employee relationship. ABS-CBN agreed to pay SONZA such huge talent fees precisely because of SONZA's unique skills, talent and celebrity status not possessed by ordinary employees. Obviously, SONZA acting alone possessed enough bargaining power to demand and receive such huge talent fees for his services. The power to bargain talent fees way above the salary scales of ordinary employees is a circumstance indicative, but not conclusive, of an independent contractual relationship.
The payment of talent fees directly to SONZA and not to MJMDC does not negate the status of SONZA as an independent contractor. The parties expressly agreed on such mode of payment. Under the Agreement, MJMDC is the AGENT of SONZA, to whom MJMDC would have to turn over any talent fee accruing under the Agreement.
C. Power of Dismissal
For violation of any provision of the Agreement, either party may terminate their relationship. SONZA failed to show that ABS-CBN could terminate his services on grounds other than breach of contract, such as retrenchment to prevent losses as provided under labor laws.
During the life of the Agreement, ABS-CBN agreed to pay SONZA's talent fees as long as "AGENT and Jay Sonza shall faithfully and completely perform each condition of this Agreement." Even if it suffered severe business losses, ABS-CBN could not retrench SONZA because ABS-CBN remained obligated to pay SONZA's talent fees during the life of the Agreement. This circumstance indicates an independent contractual relationship between SONZA and ABS-CBN.
SONZA admits that even after ABS-CBN ceased broadcasting his programs, ABS-CBN still paid him his talent fees. Plainly, ABS-CBN adhered to its undertaking in the Agreement to continue paying SONZA's talent fees during the remaining life of the Agreement even if ABS-CBN cancelled SONZA's programs through no fault of SONZA.
SONZA assails the Labor Arbiter's interpretation of his rescission of the Agreement as an admission that he is not an employee of ABS-CBN. The Labor Arbiter stated that "if it were true that complainant was really an employee, he would merely resign, instead." SONZA did actually resign from ABS-CBN but he also, as president of MJMDC, rescinded the Agreement. SONZA's letter clearly bears this out. However, the manner by which SONZA terminated his relationship with ABS-CBN is immaterial. Whether SONZA rescinded the Agreement or resigned from work does not determine his status as employee or independent contractor.
D. Power of Control
Since there is no local precedent on whether a radio and television program host is an employee or an independent contractor, we refer to foreign case law in analyzing the present case. The United States Court of Appeals, First Circuit, recently held in Alberty-Vélez v. Corporación De Puerto Rico Para La Difusión Pública ("WIPR") that a television program host is an independent contractor.
We quote the following findings of the U.S. court:Several factors favor classifying Alberty as an independent contractor. First, a television actress is a skilled position requiring talent and training not available on-the-job. . . . In this regard, Alberty possesses a master's degree in public communications and journalism; is trained in dance, singing, and modeling; taught with the drama department at the University of Puerto Rico; and acted in several theater and television productions prior to her affiliation with "Desde Mi Pueblo." Second, Alberty provided the "tools and instrumentalities" necessary for her to perform. Specifically, she provided, or obtained sponsors to provide, the costumes, jewelry, and other image-related supplies and services necessary for her appearance. Alberty disputes that this factor favors independent contractor status because WIPR provided the "equipment necessary to tape the show." Alberty's argument is misplaced. The equipment necessary for Alberty to conduct her job as host of "Desde Mi Pueblo" related to her appearance on the show. Others provided equipment for filming and producing the show, but these were not the primary tools that Alberty used to perform her particular function. If we accepted this argument, independent contractors could never work on collaborative projects because other individuals often provide the equipment required for different aspects of the collaboration....Applying the control test to the present case, we find that SONZA is not an employee but an independent contractor. The control test is the most important test our courts apply in distinguishing an employee from an independent contractor. This test is based on the extent of control the hirer exercises over a worker. The greater the supervision and control the hirer exercises, the more likely the worker is deemed an employee. The converse holds true as well - the less control the hirer exercises, the more likely the worker is considered an independent contractor.[44]
Third, WIPR could not assign Alberty work in addition to filming "Desde Mi Pueblo." Alberty's contracts with WIPR specifically provided that WIPR hired her "professional services as Hostess for the Program Desde Mi Pueblo." There is no evidence that WIPR assigned Alberty tasks in addition to work related to these tapings. . . . (Emphasis supplied)
We find that ABS-CBN was not involved in the actual performance that produced the finished product of SONZA's work. ABS-CBN did not instruct SONZA how to perform his job. ABS-CBN merely reserved the right to modify the program format and airtime schedule "for more effective programming." ABS-CBN's sole concern was the quality of the shows and their standing in the ratings. Clearly, ABS-CBN did not exercise control over the means and methods of performance of SONZA's work.In ABS-CBN Broadcasting Corporation vs. Marlyn Nazareno,[46] respondents were production assistants (PAs) at ABS-CBN's news and public affairs division, specifically assigned to various radio programs in the Cebu Broadcasting Station. They were under the supervision of the assistant station manager. When a collective bargaining agreement (CBA) was signed between ABS-CBN and its rank-and-file employees, petitioner refused to recognize PAs as part of the bargaining unit. Respondents filed a complaint for recognition as regular employees. In its defense, ABS-CBN invoked the Sonza ruling and claimed that respondents were independent contractors. The Court ruled that Sonza was inapplicable to the case and held, thus:
x x x x
In any event, not all rules imposed by the hiring party on the hired party indicate that the latter is an employee of the former. In this case, SONZA failed to show that these rules controlled his performance. We find that these general rules are merely guidelines towards the achievement of the mutually desired result, which are top-rating television and radio programs that comply with standards of the industry.
x x x x
x x x Being an exclusive talent does not by itself mean that SONZA is an employee of ABS-CBN. Even an independent contractor can validly provide his services exclusively to the hiring party. In the broadcast industry, exclusivity is not necessarily the same as control.[45]
Petitioner's reliance on the ruling of this Court in Sonza v. ABS-CBN Broadcasting Corporation is misplaced. In that case, the Court explained why Jose Sonza, a well-known television and radio personality, was an independent contractor and not a regular employee.Meanwhile, in Dumpit-Murillo v. Court of Appeals (DumpitMurillo),[48] private respondent Associated Broadcasting Company (ABC) hired petitioner Thelma Dumpit-Murillo as a newscaster and co-anchor for Balitang-Balita, an early evening news program, and "Live on Five." After four years of repeated renewals, petitioner's talent contract expired. When private respondent did not respond to petitioner's interest to renew, petitioner filed a complaint for constructive dismissal. The Court ruled that the Sonza ruling was inapplicable and petitioner was private respondent's employee. It held:
x x x x
In the case at bar, however, the employer-employee relationship between petitioner and respondents has been proven.
First. In the selection and engagement of respondents, no peculiar or unique skill, talent or celebrity status was required from them because they were merely hired through petitioner's personnel department just like any ordinary employee.
Second. The so-called "talent fees" of respondents correspond to wages given as a result of an employer-employee relationship. Respondents did not have the power to bargain for huge talent fees, a circumstance negating independent contractual relationship.
Third. Petitioner could always discharge respondents should it find their work unsatisfactory, and respondents are highly dependent on the petitioner for continued work.
Fourth. The degree of control and supervision exercised by petitioner over respondents through its supervisors negates the allegation that respondents are independent contractors.
The presumption is that when the work done is an integral part of the regular business of the employer and when the worker, relative to the employer, does not furnish an independent business or professional service, such work is a regular employment of such employee and not an independent contractor. The Court will peruse beyond any such agreement to examine the facts that typify the parties' actual relationship.[47]
The Court of Appeals committed reversible error when it held that petitioner was a fixed-term employee. Petitioner was a regular employee under contemplation of law. The practice of having fixedterm contracts in the industry does not automatically make all talent contracts valid and compliant with labor law. The assertion that a talent contract exists does not necessarily prevent a regular employment status.In the 2015 case of Nelson V. Begino v. ABS-CBN Corporation (Benigno);[50] petitioners were hired as camera operator, editor, and reporters. They were engaged through talent contracts that were regularly renewed. In ruling that petitioners, as talents, were ABS-CBN employees, the Court pronounced:
Further, the Sonza case is not applicable. In Sonza, the television station did not instruct Sonza how to perform his job. How Sonza delivered his lines, appeared on television, and sounded on radio were outside the television station's control. Sonza had a free hand on what to say or discuss in his shows provided he did not attack the television station or its interests. Clearly, the television station did not exercise control over the means and methods of the performance of Sonza's work. In the case at bar, ABC had control over the performance of petitioner's work. Noteworthy too, is the comparatively low P28,000 monthly pay of petitioner vis the P300,000 a month salary of Sonza, that all the more bolsters the conclusion that petitioner was not in the same situation as Sonza.[49]
In finding that petitioners were regular employees, the NLRC further ruled that the exclusivity clause and prohibitions in their Talent Contracts and/or Project Assignment Forms were likewise indicative of respondents' control over them. Brushing aside said finding, however, the CA applied the ruling in Sonza v. ABS-CBN Broadcasting Corporation where similar restrictions were considered not necessarily determinative of the existence of an employer-employee relationship. Recognizing that independent contractors can validly provide his exclusive services to the hiring party, said case enunciated that guidelines for the achievement of mutually desired results are not tantamount to control. As correctly pointed out by petitioners, however, parallels cannot be expediently drawn between this case and that of Sonza case which involved a well-known television and radio personality who was legitimately considered a talent and amply compensated as such. While possessed of skills for which they were modestly recompensed by respondents, petitioners lay no claim to fame and/or unique talents for which talents like actors and personalities are hired and generally compensated in the broadcast industry.[51]In the recent case of ABS-CBN Corp. v. Concepcion[52] (Concepcion), the Court ruled that respondent therein, an OB van driver, was a regular employee. This, considering that the necessary trainings and seminars to develop his skills, as well as the tools and instrumentalities he needed for his work were provided to him. Moreover, ABS-CBN could also assign him to any show or programs where the production group would need his services. Respondent therein likewise did not have the power to bargain and negotiate his fee:
It does not escape our attention that respondent has no power to bargain and negotiate for his fee. The power to bargain talent fees way above the salary scales of ordinary employees is a circumstance indicative of an independent contractual relationship. That ABS-CBN classified him as a talent is of no moment and does not make him an independent contractor. It is not the will or word of the employer which determines the nature of employment of an employee but the nature of the activities performed by such employee in relation to the particular business or trade of the employer. Hence, not being an independent contractor, respondent is necessarily an employee of ABS-CBN.[53]Notably, the Court held Sonza to not be applicable in the cases of Nazareno, Dumpit-Murillo, Begino and Concepcion because, unlike in Sonza, the complainants in these cases did not possess unique skills, talent, and celebrity status for which they were hired in their respective capacities as production assistants, newscaster and co-anchor, camera operator, editor, reporters, and OB van driver. The Court further found that there was a remarkable gap between the compensation in Sonza with those of the complainants in Nazareno, Dumpit-Murillo, Beginoi, and Concepcion.
"First, the difference in what petitioner and Jay Sonza were made to do under their May 1994 Agreements. Second, the difference in their employment history with private respondent which petitioner, unlike Jay Sonza, was fortunate to have been given a full-blown trial. The facts and circumstances of her ten (10) year employment with private respondent have been laid bare for this Honorable Court to appreciate, and for the Honorable Court to uphold, as did the Labor Arbiter a quo, petitioner's right and entitlement as a regular employee of private respondent."[61]The Com1 agrees with petitioner that she is not similarly situated with Sonza in terms of the roles she assumed under the Agreement and her length of stay with the network. However, despite the dissimilarities, there is one important element that petitioner and Sonza share - they both possessed unique skills, expertise, and talent, for which they were both engaged as ABS-CBN's exclusive talents. In Sonza, we ruled:
Independent contractors often present themselves to possess unique skills, expertise or talent to distinguish them from ordinary employees. The specific selection and hiring of SONZA, because of his unique skills, talent and celebrity status not possessed by ordinary employees, is a circumstance indicative, but not conclusive, of an independent contractual relationship. If SONZA did not possess such unique skills, talent and celebrity status, ABS-CBN would not have entered into the Agreement with SONZA but would have hired him through its personnel department just like any other employee.[62]In addition, petitioner failed to establish that ABS-CBN controlled the manner in which she performed her job as news anchor for TV Patrol. On the contrary, the Court finds that 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. 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.