Boy Abunda at Vicki Belo malalim ang away
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Scene : Rated A ng Cinema Evaluation Board ang You Changed My Life. Kinaaliwan ang natural na pag-arte ni Sarah pero hindi ang kanyang buhok.
SEEN : Narito ang sulat sa mga abogado ni Ms. Heart Evangelista dated today from GMA Network’s Legal Department.
Copies of the letter were also sent to Ms. Evangelista, her father Mr. Reynaldo Ongpauco and her co-manager Ms. Annabelle Rama.
We reply to your letter dated 17 February 2009 concerning our letter to Ms. Heart Evangelista on her managers’ turning down a program, Muling Buksan Ang Puso, assigned to her by GMA 7.
The managers’ rejection of the program
We disagree with the claim that the role offered to Ms. Evangelista would, as you wrote, “adversely damage and prejudice (Ms. Evangelista’s) public image and reputation”.
You state that the role “offered” to her “could hardly be described as wholesome” as it would include kissing scenes and bed scenes. Ms. Evangelista had done kissing scenes and at least one bed scene in the past (i.e., in Asero) and those scenes, I’m sure your client Ms. Rama-Gutierrez will agree, hardly tarnished her wholesome image or prejudiced her highly successful career. In fact, you mention in your letter that her current program with GMA, Luna Mystika, after Asero, is a top-rated primetime program (as was Asero) which only means that her career had really taken off, kissing and bed scenes considered.
You also claim that the role in Muling Buksan ang Puso “could hardly be described as wholesome” as it would include “dialogue and scenes depicting the proposed character as a mature woman competing with another for the affections of a man.” But there is as yet no script for the program; thus, there are still no dialogues or scenes written. The claim, therefore, is premature and without basis. You erroneously assume that the television version, in dialogues or scenes or presentation, would be similar to the movie version. GMA knows that it is a television program it is producing, so it has to steer clear of scenes and dialogues in the movie that might be considered inappropriate for television or prejudicial to Ms. Evangelista’s image. As explained by our Entertainment Department, the television version is going to be a “tamed” version of the original story as depicted in the movie.
We might have agreed with you if Ms. Evangelista had to do bold kissing scenes or bold bed scenes. But, as your client knows, there are no scenes of that sort in the said program. We are fully aware - as your client should be - that the rules of the MTRCB do not allow the airing of such scenes on television and are also aware that as producer of Ms. Evangelista’s television programs, we have an enormous stake in preserving her public image and reputation. Like your client, we do not want to lose Ms. Evangelista’s fan base.
We therefore consider unacceptable your client’s reason for rejecting the program assigned to her.
Nevertheless, so as not to delay this project, we have decided not to give the role to Ms. Evangelista in Muling Buksan Ang Puso any longer.
It should be understood, however, that our decision in this case should not be taken as a waiver of our right under our Agreement to assign programs to Ms. Evangelista and to determine the programs to be assigned to her in the future (Agreement, see par. 2.1; see also par. 2.2 with respect to the second year of the Agreement).
Koreanovela Series
You mention that it is your client that must now insist that GMA comply with its obligation to have Ms. Evangelista appear as lead actress in a Koreanovela series, citing Paragraph 2 of the Agreement.
Indeed, Paragraph 2 of the Agreement provides that Ms. Evangelista “shall perform and appear” as lead actress in “a Koreanovela series”. But, as you are well aware, this paragraph speaks of obligations of talent. This is obvious from the text and even more obvious from the heading of the aforesaid paragraph. The heading of this paragraph, precisely, is “2. OBLIGATIONS OF TALENT”. This being so, it is GMA’s right, not the talent’s, to demand fulfillment thereof.
Given that it is GMA’s right to demand fulfillment of the obligation, GMA can waive the right, or waive its compliance. Rights may be waived by those who have them (see Art. 6, Civil Code). The waiver cannot be said to prejudice Ms. Evangelista because she is entitled to an annual minimum guaranteed amount under the Agreement (Agreement, par. 3.1).
Clearly then, your client’s insistence that GMA cast Ms. Evangelista in a Koreanovela series is misplaced and erroneous.
Overtime Pay
Ms. Evangelista was not compelled to work beyond 3:00 a.m. If she had worked beyond said time, she freely agreed to do so. We would not have extended her working time if she had not agreed.
There is no basis for your demand for overtime pay for Ms. Evangelista for work beyond the 3:00 a.m. deadline. Ms. Evangelista as you know is an independent contractor; hence, the labor standards mandated by the Labor Code do not apply in her case. Paragraph 4.1 of the Agreement makes this clear: “This Agreement does not establish an employer and employee relationship between GMA and TALENT. TALENT agrees that as an independent contractor, she is not entitled to any rights and benefits granted to regular employees of GMA other than those specifically provided herein”.
Thank you for your attention.
Very truly yours,
signed
DICK B. PEREZ
Vice President, Legal Affairs
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