H. No. 5795

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT No. 10408

AN ACT PROVIDING FOR THE CONVERSION OF PASOLO TO RINCON ROAD IN THE CITY OF VALENZUELA, METRO MANILA INTO A NATIONAL ROAD AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. The Pasolo to Rincon Road in the City of Valenzuela, Metro Manila is hereby converted into a national road.

SEC. 2. The Secretary of Public Works and Highways shall include in the Department's program the improvement, repair and maintenance of the said road, the funding of which shall be included in the annual General Appropriations Act.

SEC. 3. This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved: March 19, 2013

S. No. 3252

H. Nos. 3066, 3067, 3068, 3069, 3070 and 3071

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT No. 10409

AN ACT DECLARING THE PROVINCE OF BILIRAN AS A TOURISM DEVELOPMENT AREA (TDA) AND PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. This Act shall be known as "An Act Declaring the Province of Biliran as a Tourism Development Area (TDA)".

SEC. 3. Scope and Coverage. – The TDAS in Biliran hereby include, but not limited to, the following municipalities endowed with natural beauty and historic significance:

The Higatangan Island, herein, within the Municipality of Naval in the Province of Biliran, with coordinates beginning at a point marked cor "1" northing 1280743 and easting 636564 and ending at a point marked cor "90" northing 1280647 and easting 636599 covers an area of 487.46 hectares.

The Sambawan Island, herein, within the Municipality of Maripipi in the Province of Biliran, with coordinates beginning at a point marked cor "1" northing 1300284 and easting 637845.3 and ending at a point marked cor "8" northing 1300269 and easting 637830 covers an area of 1.4 hectares.

The Mangrove Area of Looc known as the Cabucgayan Boardwalk, herein, within the Municipality of Cabucgayan in the Province of Biliran, with coordinates beginning at a point marked cor "1" northing 1269357 and easting 668319 and ending at a point marked cor "7" northing 1269263 and easting 668235.5 covers an area of 4.73 hectares.

The Casabangan Falls, herein, within the Municipality of Cabucgayan in the Province of Biliran, with coordinates beginning at a point marked cor "1" northing 1270896 and easting 666847.9 and ending at a point marked cor "9" northing 1270897 and easting 666830.0 covers an area of 0.18 hectares.

[G.R. No. 184885. March 7, 2012]

FIRST DIVISION

ERNESTO G. YMBONG, Petitioner, vs. ABS-CBN BROADCASTING CORPORATION, VENERANDA SY and DANTE LUZON, Respondents.

SYLLABUS

of the Ruling of the Court

1. LABOR AND SOCIAL LEGISLATION; LABOR CODE; TERMINATION OF EMPLOYMENT; ABS-CBN POLICY NO. HR-ER-016 REQUIRING EMPLOYEES WHO INTEND TO RUN FOR PUBLIC OFFICE OR ACCEPT POLITICAL APPOINTMENT TO RESIGN FROM THEIR POSITIONS; VALIDITY THEREOF, UPHELD. We have consistently held that so long as a company's management prerogatives are exercised in good faith for the advancement of the employer's interest and not for the purpose of defeating or circumventing the rights of the employees under special laws or under valid agreements, this Court will uphold them. In the instant case, ABS-CBN validly justified the implementation of Policy No. HR-ER-016. It is well within its rights to ensure that it maintains its objectivity and credibility and freeing itself from any appearance of impartiality so that the confidence of the viewing and listening public in it will not be in any way eroded. Even as the law is solicitous of the welfare of the employees, it must also protect the right of an employer to exercise what are clearly management prerogatives. The free will of management to conduct its own business affairs to achieve its purpose cannot be denied. It is worth noting that such exercise of management prerogative has earned a stamp of approval from no less than our Congress itself when on February 12, 2001, it enacted Republic Act No. 9006, otherwise known as the "Fair Election Act." Section 6.6 thereof reads: 6.6. Any mass media columnist, commentator, announcer, reporter, on-air correspondent

or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employer, or shall take a leave of absence from his/her work as such during the campaign period: Provided, That any media practitioner who is an official of a political party or a member of the campaign staff of a candidate or political party shall not use his/her time or space to favor any candidate or political party.

2. ID.; ID.; ID,; ID.; A MEMORANDUM WHICH REQUIRES EMPLOYEES TO GO ON LEAVE IF THEY INTEND TO RUN FOR PUBLIC OFFICE CANNOT SUPERSEDE POLICY NO. HR-ER-016.-The CA correctly ruled that though Luzon, as Assistant Station Manager for Radio of ABS-CBN, has policy-making powers in relation to his principal task of administering the network's radio station in the Cebu region, the exercise of such power should be in accord with the general rules and regulations imposed by the ABS-CBN Head Office to its employees. Clearly, the March 25, 1998 Memorandum issued by Luzon which only requires employees to go on leave if they intend to run for any elective position is in absolute contradiction with Policy No. HR-ER016 issued by the ABS-CBN Head Office in Manila which requires the resignation, not only the filing of a leave of absence, of any employee who intends to run for public office. Having been issued beyond the scope of his authority, the March 25, 1998 Memorandum is therefore void and did not supersede Policy No. HR-ER-016. Also worth noting is that Luzon in his Sworn Statement admitted the inaccuracy of his recollection of the company policy when he issued the March 25, 1998 Memorandum and stated therein that upon double-checking of the exact text of the policy statement and subsequent confirmation with the ABS-CBN Head Office in Manila, he learned that the policy required resignation for those who will actually run in elections

3.

because the company wanted to maintain its independence. Since the officer who himself issued the subject memorandum acknowledged that it is not in harmony with the Policy issued by the upper management, there is no reason for it to be a source of right for Ymbong.

ID.; ID.; ID.; ID.; ID.; AN EMPLOYEE IS DEEMED RESIGNED FROM HIS POSITION WHEN HE RAN FOR COUNCILOR.— As Policy No. HRER-016 is the subsisting company policy and not Luzon's March 25, 1998 Memorandum, Ymbong is deemed resigned when he ran for councilor. We find no merit in Ymbong's argument that "[his] automatic termination *** was a blatant [disregard] of [his] right to due process" as he was "never asked to explain why he did not tender his resignation before he ran for public office as mandated by [the subject company policy]." Ymbong's overt act of running for councilor of Lapu-Lapu City is tantamount to resignation on his part. He was separated from ABS-CBN not because he was dismissed but because he resigned. Since there was no termination to speak of, the requirement of due process in dismissal cases cannot be applied to Ymbong. Thus, ABSCBN is not duty-bound to ask him to explain why he did not tender his resignation before he ran for public office as mandated by the subject company policy.

OPINION OF THE COURT

VILLARAMA, JR., J.:

Before us is a Rule 45 Petition seeking to set aside the August 22, 2007 Decision1 and September 18, 2008 Resolution2 of the Court of Appeals (CA) in CA-G.R. SP No. 86206 declaring petitioner to have resigned from work and not illegally dismissed.

The antecedent facts follow:

Petitioner Ernesto G. Ymbong started working for ABS-CBN Broadcasting Corporation (ABS-CBN) in 1993 at its regional station in Cebu as a television talent, coanchoring Hoy Gising and TV Patrol Cebu. His stint in ABS-CBN later extended to radio

1 Rollo, pp. 150-161. Penned by Associate Justice Agustin S. Dizon with Associate Justice Francisco P. Acosta and Stephen C. Cruz concurring.

2 Id. at 169-170. Penned by Associate Justice Francisco P. Acosta with Associate Justices Priscilla Baltazar-Padilla and Stephen C. Cruz concurring.

when ABS-CBN Cebu launched its AM station DYAB in 1995 where he worked as drama and voice talent, spinner, scriptwriter and public affairs program anchor.

Like Ymbong, Leandro Patalinghug also worked for ABS-CBN Cebu. Starting 1995, he worked as talent, director and scriptwriter for various radio program aired over DYAB.

On January 1, 1996, the ABS-CBN Head Office in Manila issued Policy No. HR-ER-016 or the "Policy on Employees Seeking Public Office." The pertinent portions read:

1. Any employee who intends to run for any public office position, must file his/her letter of resignation, at least thirty (30) days prior to the filing of the certificate of candidacy either for national or local election.