DISPOSITIVE:

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT IS THE MAIN RULINGS IN THIS CASE?

MARIA, AMONG OTHER GROUNDS, ALLEGED SEXUAL INFEDILITY AND ABANDONMENT. THERE ARE NOT SUFFICIENT GROUNDS.

FAILURE TO MEET RESPONSIBILITIES AND DUTIES AS MARRIED PERSONS ARE NOT SUFFICIENT GROUNDS.

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DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

MEL CHANGCO CLAIMED THAT SHE WAS A REGULAR EMPLOYEE OF ABS-CBN. THE LATTER CLAIMS THAT MEL WAS AN INDEPENDENT CONTRACTOR. THE SUPREME COURT, SPEAKING THROUGH JUSTICE ZALAMEDA, SAID MEL WAS AN INDEPENDENT CONTRACTOR BECAUSE SHE PERFORMED THE JOB ACCORDING TO HER OWN MANNER AND METHOD, FREE FROM THE NETWORK’S CONTROL. FURTHER SHE POSSESSED UNIQUE SKILLS, EXPERTISE OR TALENT WHICH LED ABS CBN TO HIRE HER. SUCH FACT IS A PERSUATIVE ELEMENT PROVING THAT SHE IS AN INDEPENDENT CONTRACTOR.

IS POSSESSION OF UNIQUE SKILLS, EXPERTISE AND TALENT CONCLUSIVE IN DETERMINING WHETHER ONE IS AN INDEPENDENT CONTRACTOR?

NOT CONCLUSIVE BUT INDICATIVE.

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