GR 98107; (August, 1997) (Digest)
G.R. No. 98107 August 18, 1997
BENJAMIN C. JUCO, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and NATIONAL HOUSING CORPORATION, respondents.
FACTS
Petitioner Benjamin C. Juco was hired as a project engineer by respondent National Housing Corporation (NHC) from November 16, 1970, until his separation on May 14, 1975, for alleged implication in theft/malversation of public funds. On March 25, 1977, he filed an illegal dismissal complaint with the Department of Labor. The Labor Arbiter dismissed it for lack of jurisdiction, a decision reversed by the NLRC on December 28, 1982. On January 17, 1985, the Supreme Court granted NHC’s appeal, reinstating the Labor Arbiter’s dismissal, holding that NHC employees were governed by the Civil Service Law. On January 6, 1989, petitioner filed an illegal dismissal complaint with the Civil Service Commission (CSC). The CSC dismissed it on April 11, 1989, for lack of jurisdiction, ruling that NHC, as a corporation without an original charter, was not embraced by the civil service under the 1987 Constitution . On April 28, 1989, petitioner filed a complaint with the NLRC. On May 21, 1990, Labor Arbiter Manuel R. Caday ruled the dismissal was illegal, ordered reinstatement with back wages, and held the complaint was not barred by prescription, as the filing with the CSC suspended the reglementary period. On March 14, 1991, the NLRC reversed this, dismissing the complaint for lack of jurisdiction.
ISSUE
Whether or not the National Labor Relations Commission committed grave abuse of discretion in holding that it lacked jurisdiction over the illegal dismissal complaint against the National Housing Corporation.
RULING
The Supreme Court ruled that the NLRC erred in dismissing the complaint for lack of jurisdiction. Under the 1987 Constitution , the civil service embraces government-owned or controlled corporations with original charters. The National Housing Corporation, having been incorporated under Act 1459 (the former Corporation Law) and not by a special law, is a government-owned corporation without an original charter. Consequently, its relations with its personnel are governed by the Labor Code and fall under the jurisdiction of the NLRC. The Court reversed the NLRC decision dated March 14, 1991, and reinstated the Decision of the Labor Arbiter dated May 21, 1990.