Court affirms dismissal of network executive

The Court of Appeals affirmed on Tuesday the dismissal of a former ranking executive of GMA Network Inc. In a seven-page decision penned by Associate Justice Sesinando Villon, the court's 13th division junked the petition filed by Roberto Barreiro to reverse the August 28, 2003 ruling of the National Labor Relations and Commission (NLRC) dismissing the illegal dismissal charges filed by Barreiro against GMA network. Barreiro was formerly president and chief operating officer of GMA Marketing and Productions Inc. and senior vice president and group head of TV Group of GMA Network Inc. He is now managing director for television operations, sales and marketing of ABC 5 network. “Contrary to his claim of illegal dismissal, petitioner’s (Barreiro) removal from office was merely an exercise of prerogative that belongs to the Board of Directors of respondent corporations (GMA). Such controversy is clearly intra-corporate in nature as the dispute is between a corporation and one of its corporate officers" the CA said. Barreiro was dismissed from the service of GMA network on March 15, 2002 for “loss of trust and confidence." Barreiro’s dismissal was ordered by the GMA marketing and productions, Inc. and GMA Network, through resolutions unanimously passed by its respective boards of directors in separate meetings held on March 15, 2002. Prior to his dismissal, Barreiro was placed under preventive suspension by the network management. In dismissing the petition filed by Barreiro, the CA said it lacked jurisdiction over his case. “A corporate officer’s dismissal is always a corporate act and/or an intra-corporate controversy and that nature is not altered by the reason of wisdom which the Board of Directors have in taking such action" the CA said. The CA said the NLRC was right in junking the illegal dismissal charges against GMA marketing and productions, Inc. and GMA network and the NLRC’s contention that it is the Regional Trial Court (RTC) which has jurisdiction over “controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations" as prescribed under Section 5.2 of Republic Act (RA) 8799. In his previous complaint before the NLRC, Barreiro said his suspension and eventual dismissal from the service were illegal for lack of valid cause. Barreiro said aside from being a corporate officer, he should be considered as a mere employee illegally dismissed by his employer GMA marketing and productions, Inc. and GMA network, and that his case should fall within the NLRC’s jurisdiction. The CA said that based on the records of the case, Barreiro never mentioned in his complaint any task or function which he was performing that would make him a mere employee of GMA marketing and productions, Inc. and GMA network. - GMANews.TV