MORALES, MARIVIC A. Case No.

62 [C7, Book III, Part II ]

Labor Law I Block A

DUMPIT-MURILLO vs. CA
G.R. No. 164652, June 8, 2007

FACTS:

Thelma Dumpit-Murillo was hired by Associated Broadcasting Company (ABC) as a newscaster

and co-anchor for an early evening news program under a talent contract valid for three months.
It was then renewed fifteen more times for four consecutive years. At the expiration of the last
contract, Thelma sent a letter to the VP for News and Public Affairs, informing the latter of her
interest in renewing her contract subject to a salary increase. When it was not given due course
twice, Thelma then sent a demand letter for reinstatement and payment of money claims. She
then subsequently filed an action for illegal dismissal.

ISSUE:

Has there been an employer-employee relationship created between parties when the alleged
employer started to renew the employment contracts for fifteen times?

RULING:

YES. Under the law, Dumpit-Murillo was already a regular employee. The practice of having
fixed-term contracts in the broadcasting industry does not automatically make all talent contracts
valid and compliant with the law. It does not prevent the regularization of an employee. As
previously settled by the Court, the primary standard for determining regular employment is the
reasonable connection between the particular activity performed by the employee vis--vis the
usual trade of the employer. If the employee has been performing a job for at least a year, even if
the performance is not continuous and merely intermittent, the law deems repeated and
continuing need for its performance as sufficient evidence of the necessity if not indispensability
of that activity to the business. Hence, the employment is considered regular, but only with
respect to such activity and while such activity exists. In the case, the requisites for regularity of
employment have been met by Dumpit-Murillo. Her work was necessary in the trade of ABC,
and was continuous for period of four years.