Cabrera vs. NLRC
G.R. No. 83387 June 27, 1991
FACTS:
Dismissed by the National Service Corporation, the petitioners complained to the Ministry of Labor and Employment on September 17, 1980. After considering the position papers of the parties, the Labor Arbiter ordered the petitioners' reinstatement without loss of seniority rights and the payment to them of two years back wages and other benefits. 3 The decision was appealed to and affirmed by the First Division of the NLRC on December 9, 1985, and in due time, the petitioners moved for the issuance of a writ of execution. This was opposed by NASECO on the ground that it had not been furnished with a copy of the decision, but the opposition was rejected and the petition was granted. Reconsideration of the order having been denied, the NASECO appealed to the NLRC, which, through its Third Division this time, declared itself without jurisdiction and dismissed the case on August 18, 1987. 4 Citing the NHA case, the public respondent held that the NASECO was not covered by the Labor Code but by Civil Service rules and regulations, being a government-owned or controlled corporation applying thereto the 1973 Constitution Article XII-B, Section 1(1) providing that "the Civil Service embraces every branch, agency, subdivision and instrumentality of the Government, including every government-owned or controlled corporation."
ISSUE :
Whether or not the Labor Code or the Civil Service rules and regulations shall apply to the instant case.
RULING:
In National Service Corporation v. NLRC, however, that decision was overturned on November 24, 1988, after the Court found that the NASECO did not have an original charter from the legislature. The rule applied was Article IX-B, Section 2(1) of the 1987 Constitution providing that "the Civil Service embraces all branches, subdivisions, instrumentalities and agencies of the Government, including government-owned or controlled corporations with original charters.
G.R. No. 83387 June 27, 1991
FACTS:
Dismissed by the National Service Corporation, the petitioners complained to the Ministry of Labor and Employment on September 17, 1980. After considering the position papers of the parties, the Labor Arbiter ordered the petitioners' reinstatement without loss of seniority rights and the payment to them of two years back wages and other benefits. 3 The decision was appealed to and affirmed by the First Division of the NLRC on December 9, 1985, and in due time, the petitioners moved for the issuance of a writ of execution. This was opposed by NASECO on the ground that it had not been furnished with a copy of the decision, but the opposition was rejected and the petition was granted. Reconsideration of the order having been denied, the NASECO appealed to the NLRC, which, through its Third Division this time, declared itself without jurisdiction and dismissed the case on August 18, 1987. 4 Citing the NHA case, the public respondent held that the NASECO was not covered by the Labor Code but by Civil Service rules and regulations, being a government-owned or controlled corporation applying thereto the 1973 Constitution Article XII-B, Section 1(1) providing that "the Civil Service embraces every branch, agency, subdivision and instrumentality of the Government, including every government-owned or controlled corporation."
ISSUE :
Whether or not the Labor Code or the Civil Service rules and regulations shall apply to the instant case.
RULING:
In National Service Corporation v. NLRC, however, that decision was overturned on November 24, 1988, after the Court found that the NASECO did not have an original charter from the legislature. The rule applied was Article IX-B, Section 2(1) of the 1987 Constitution providing that "the Civil Service embraces all branches, subdivisions, instrumentalities and agencies of the Government, including government-owned or controlled corporations with original charters.
On the applicability of the new doctrine, the Court said:
On the premise that it is the 1987 Constitution that governs the instant case because it is the Constitution in place at the time of decision thereof, the NLRC has jurisdiction to accord relief to the parties. As an admitted subsidiary of the NIDC, in turn a subsidiary of the PNB, the NASECO is a government-owned or controlled corporation without original charter.
Our finding is that the respondent NLRC erred in dismissing the petitioners' complaint for lack of jurisdiction because the rule now is that only government-owned or controlled corporations with original charters come under the Civil Service. The NASECO having been organized under the Corporation Law and not by virtue of a special legislative charter, its relations with its personnel are governed by the Labor Code and come under the jurisdiction of the National Labor Relations Commission.
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