Case Digest (G.R. No. 129049)
Facts:
In Baltazar G. Camporedondo v. National Labor Relations Commission, et al., petitioner Baltazar G. Camporedondo, who had served as Chapter Administrator of the Surigao del Norte Chapter of the Philippine National Red Cross (PNRC) since 1980, was directed on November 21, 1995 by Dr. Celso Samson, PNRC Secretary General, to restitute a total cash and technical shortage and unremitted collections amounting to ₱135,927.78 within seventy-two hours. When petitioner applied for early retirement under Presidential Decree No. 1146 (as amended by Republic Act No. 1616) on December 15, 1995, the PNRC denied his request for an independent re-audit. On May 28, 1996, he filed a complaint for illegal dismissal, damages and underpayment of wages before the National Labor Relations Commission (NLRC), Sub-Regional Arbitration Branch X in Butuan City. The PNRC moved to dismiss for lack of jurisdiction, asserting that it is a government owned and controlled corporation (GOCC), its employees are comCase Digest (G.R. No. 129049)
Facts:
- Background of employment
- Petitioner Baltazar G. Camporedondo was employed by the Philippine National Red Cross (PNRC) since 1980 and served as Chapter Administrator of the Surigao del Norte Chapter until December 15, 1995.
- PNRC paid staff are government employees, members of the Government Service Insurance System (GSIS) and covered by the Civil Service Law, owing a duty of uberrima fides (utmost good faith) in their service.
- Audit and administrative actions
- In July 1995, a PNRC field audit disclosed a cash shortage of P109,000.00 in the Surigao del Norte Chapter’s accounts.
- On November 21, 1995, PNRC Secretary General Dr. Celso Samson demanded restitution within 72 hours of P135,927.78, representing cash and technical shortages plus unremitted collections.
- On December 15, 1995, petitioner applied for early retirement under Presidential Decree No. 1146/Republic Act No. 1616 and requested an independent re-audit; the request was denied.
- Labor complaint and procedural history
- On May 28, 1996, petitioner filed with the NLRC (Sub-Regional Arbitration Branch X, Butuan City) a complaint for illegal dismissal, damages, and underpayment of wages against PNRC and its officials.
- On June 14, 1996, PNRC moved to dismiss for lack of jurisdiction, contending that as a government-owned and controlled corporation (GOCC) under its original charter (RA No. 95), its employees fall under Civil Service jurisdiction.
- Petitioner opposed on July 25, 1996, asserting a private-law employment relationship governed by the Labor Code.
- The Labor Arbiter dismissed the complaint on October 11, 1996; motion for reconsideration was denied on November 12, 1996.
- Petitioner appealed to the NLRC on November 20, 1996; on March 21, 1997, the NLRC Fifth Division affirmed the dismissal for lack of jurisdiction.
- On July 7, 1997, the Supreme Court required respondent comment; PNRC filed on August 7, 1997, and the Solicitor General on November 7, 1997.
Issues:
- Whether the PNRC is a government-owned and controlled corporation with an original charter such that its paid staff are covered by the Civil Service Law and the GSIS.
- Whether the NLRC has jurisdiction over petitioner’s complaint for illegal dismissal and other labor claims against PNRC.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)