Fuji TV vs. Espiritu

 

FUJI TELEVISION NETWORK v. ARLENE ESPIRITU FACTS: DOCTRINE: Burden of ER to prove that person whose services it pays for is an independent independent contractor rather than regular EE with or without fixed term FACTS:

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Arlene engaged by Fuji as news correspondent/producer correspondent/ producer in 2!" report #h news to Fuji $thru %anila Bureau field office Employment contract contract initially provided for & y term'

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but was successively renewed on yearly basis with salary adj (iagnosed with lung cancer in 2)* Fuji told her

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that it will have a problem renewing her contract' but Arlene insisted that she was still fit to wor+ Arlene and Fuji signed nonrenewal contract" contract" no

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renewal after expiration in %ay ,&' 2) Arlene ac+nowledged receipt of -.(&! $monthly

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salary from %ar0%ay' bonuses and separation pay1' but signed -(ER #R34E.4 Filed complaint for illegal dismissal5 had no other

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recourse but to sign' otherwise amt would have been withheld LA: dismissed* Arlene and independent contractor NLRC: reversed* NLRC:  reversed* 6ontinuous rendering of services necessary and desirable to business

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CA: affirmed CA:  affirmed 7R6 o Regular" necessary and desirable5 o

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continuous rehiring not contracted on acct of

  Sonza /A"

peculiar ability' special talent' or s+ill* Everything used by her in her wor+ owned by Fuji o .igning of contract not voluntary Fuji" A hired as stringer' an independent contractor o o control o Salar wa! "#$"er t"an nor%al rate o Annual renewal of contract was upon

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Fuji owned things she used for wor+ .on;a ruling A"