Abaria vs. National Labor Relations Commission Note: Abria is one of the 90 complaining Employees in this caseFull description
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JUCO VS NLRC AND NATIONAL HOUSING CORP. G.R. No. 98107, August 18, 1997
Petitioner: Be!"#$ C. Ju%o Respondents: N"t$o"& L"'o( Re&"t$os Co##$ss$o ") N"t$o"& Hous$g Co(*o("t$o H+ROSISA, JR. J ..ACTS-
Petitioner Benjamin C. Juco was hired as a project engineer of respondent National Housing Corporation (NHC) from Noem!er "#$ "%&' to a "*$ "%&+ when he was sepa separa rate ted d from from the the ser seric icee for for hain haing g !een !een impl implic icat ated ed in a crim crimee of thef theftt and,o and,or r malersation of pu!lic funds. -n arch +$ "%&&$ petitioner filed a complaint for illegal dismissal against the NHC with the /epartment of 0a!or. 1he 0a!or 2r!iter 2r!iter rendered a decision decision on 3eptem!er 3eptem!er "&$ "%&& dismissing dismissing the complaint complaint for lac4 of jurisdiction. 1he 1he peti petiti tione onerr then then elea eleate ted d the the case case to the the N0RC N0RC whic which h rende rendere red d a deci decisi sion on on /ecem!er 5$ "%5$ reersing the decision of the 0a!or 2r!iter. /issatisfied with the decision of the N0RC$ respondent NHC appealed !efore this Court which rendered a decision on Januar "&$ "%5+ reinstating the decision of the 0a!or 2r!iter and setting aside the decision of N0RC. -n Januar #$ "%5%$ the petitioner filed with the Ciil 3erices Commission a complaint for illegal dismissal$ with preliminar mandator injunction. -n 6e!ruar #$ "%5%$ respondent NHC moed for the dismissal of the complaint on the ground that the Ciil 3erice Commission has no jurisdiction oer the case. -n 2pri 2prill ""$ ""$ "%5%$ "%5%$ the Ciil Ciil 3eric 3ericee Commi Commissi ssion on issued issued an order order dismis dismissin sing g the complaint for lac4 of jurisdiction. -n 2pril 2pril 5$ "%5%$ "%5%$ petit petition ioner er filed filed with with respon respondent dent N0RC a compli compliant ant for illeg illegal al dismissal with preliminar mandator injunction against respondent NHC. -n a "$ "%%'$ respondent N0RC through 0a!or 2r!iter anuel R. Cada ruled that petitioners was illegall dismissed from his emploment ! respondent as there was
eidence in the record that the criminal case filed against him was purel fa!ricated$ prompting the trial court to dismiss the charges against him. -n June "$ "%%'$ respondent NHC filed its appeal !efore the N0RC and on arch "*$ "%5"$ the N0RC promulgated a decision which reersed the decision of 0a!or 2r!iter anuel R. Cada on the ground of lac4 of jurisdiction. ISSU+S-
(") 7hether or not pu!lic respondent N0RC committed grae a!use of discretion in holding that petitioner is not goerned ! the 0a!or Code.
RULING-
(") 1he N0RC erred in dismissing petitioner8s complaint for lac4 of jurisdiction. 2lthough we had earlier ruled in National Housing Corporation 9s. Juco$ that emploees of goernmentowned and,or controlled corporations$ whether created ! special law or formed as su!sidiaries under the ;eneral Corporation 0aw$ are goerned ! the Ciil 3erice 0aw and not ! the 0a!or Code$ this ruling has !een supplanted ! the "%5& Constitution which now proides: The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charter. (Article IX-B, ection !("#. 1he rule now is that the Ciil 3erice now coers onl goernmentowned or controlled corporations with original charters. Haing !een incorporated under the Corporation 0aw$ respondent NHC8s relations with its personnel are goerned ! the 0a!or Code and come under the jurisdiction of the National 0a!or Relations Commission. /H+R+OR+ $ the decision of the N0RC in N0RC NCR'*''<#'5% dated arch "*$ "%%" is here! R=9=R3=/ and the decision of the 0a!or 2r!iter dated a "$
