FROM MANILA HOTEL TO LEGEND: THE MUSICIAN AND HIS STATUS IN THE PHILIPPINE ENTERTAINMENT INDUSTRY
Francis V. Sobreviñas* “Music is our oldest form of expression, older than language or art; it begins with the voice, with our overwhelming need to reach out to others. In fact, music is man far more than words, for words are abstract symbols which convey factual meaning. Music touches our feelings more deeply than most words and makes us respond with our whole being. x x x (Music) is… that unique human gift, both creative and recreative, which draws on our ability to synthesize discovery with memory. As long as the human race survives, music will be essential to us. We need music, I believe, as much as we need each other.” Yehudi Menuhin, The Music of Man 1 (1979).** The piano is a musical instrument having wire strings that sound when...
Teng v. Pahagac: “Where Congress has not clearly required exhaustion, sound judicial discretion governs, guided by congressional intent.” Quid hoc sibi vult? *
* Francis V. Sobreviñas** It has been said that the test of a good voluntary arbitration award is its unqualified acceptance by the parties to the case. Acceptance can be inferred when no appeal is taken by either party during the prescribed period of ten (10) calendar days from the release of the decision of the Voluntary Arbitrator (VA).This also means that both the complainant and respondent agree to comply with the terms of the award without waiting for the coercive persuasion of a writ of execution. Unfortunately, not all the parties abide by the VA’s decision even if they have so stipulated in the Submission Agreement[1] and notwithstanding that Article 262-A of the Labor Code appears to place the decision of the VA beyond the reach of judicial authority...
Basketball Referee not an employee, Supreme Court rules
The Philippine Supreme Court recently ruled that a referee hired by the Philippine Basketball Association (PBA) is not an employee but rather an independent contractor. In the case of Bernarte v. PBA, G.R. No. 192084, September 14, 2011, a referee whose contract was not renewed following its expiration accused the PBA of illegal dismissal. He won before the Labor Arbiter and the NLRC which both held that he was an employee who was illegally dismissed and, therefore, entitled to backwages, damages and attorney’s fees. The Court of Appeals, however, reversed the decision prompting the referee to elevate the case to the Supreme Court where he contended that he is an employee since the PBA exercised control over the performance of his work. More particularly, he...
