Title
Boy Scouts of the Philippines vs. National Labor Relations Commission
Case
G.R. No. 80767
Decision Date
Apr 22, 1991
BSP employees challenged transfer and dismissal; SC ruled BSP a government-controlled corporation, placing employees under Civil Service Law, voiding NLRC jurisdiction.

Case Digest (G.R. No. 80767)
Expanded Legal Reasoning Model

Facts:

  • Parties and Context
    • Petitioner Boy Scouts of the Philippines (BSP) is a civic service, non-stock, non-profit organization created by Commonwealth Act No. 111, as amended by P.D. No. 460.
    • Private respondents Fortunato C. Esquerra, Roberto O. Malaborbor, Estanislao M. Misa, Vicente N. Evangelista and Marcelino P. Garcia were rank-and-file employees of BSP stationed at the Makiling Camp, Los Baños, Laguna, until February 1985.
  • Transfer Orders and Opposition
    • On 19 October 1984, BSP’s Secretary-General issued Special Orders Nos. 80, 81, 83, 84 and 85 transferring each respondent to the BSP Land Grant in Asuncion, Davao del Norte, effective 20 November 1984.
    • Respondents appealed this transfer to the BSP National President (4 November 1984) and attended a pre-transfer briefing (6 November 1984), where they were promised no salary diminution and a one-month relocation allowance.
  • Refusal to Comply and Disciplinary Actions
    • On 13 November 1984, respondents filed a complaint for illegal transfer before the Ministry of Labor and Employment, seeking to enjoin implementation of the Special Orders.
    • On 21 November 1984, BSP issued memoranda charging respondents with insubordination and warning of administrative sanctions; respondents continued to refuse transfer.
    • In late January 1985, BSP suspended respondents for five days; by Special Order dated 12 February 1985, their services were terminated effective 15 February 1985.
  • Labor Proceedings and Initial Decisions
    • On 22 February 1985, respondents amended their complaint to include illegal dismissal and unfair labor practice charges.
    • The Labor Arbiter dismissed the complaint for lack of merit (31 July 1985).
    • The NLRC reversed the Arbiter’s decision and ordered reinstatement with full backwages (Decision dated 27 February 1987; Resolution dated 16 October 1987).
  • Certification of BSP’s Corporate Status
    • BSP consistently alleged in pleadings that it is a “civic service, non-stock and non-profit” entity; respondents likewise called it a “public corporation.”
    • On 9 August 1989, the Supreme Court required comments on whether BSP is a government-owned or controlled corporation (GOCC) under Article IX-B(2)(1) of the 1987 Constitution.
    • Petitioner and respondents argued BSP is purely private; the Solicitor General and Government Corporate Counsel maintained BSP is a GOCC or quasi-public corporation attached to DECS.

Issues:

  • Whether the Boy Scouts of the Philippines is a government-owned or controlled corporation with an original charter, thus embracing its employees within the Civil Service under Article IX-B(2)(1) of the 1987 Constitution.
  • Whether the NLRC and the Labor Arbiter had jurisdiction over the private respondents’ labor complaints in NLRC Case No. 1637-84.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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