Title
Supreme Court
Philippine National Construction Corp. vs. National Labor Relations Commission
Case
G.R. No. 248401
Decision Date
Jun 23, 2021
PNCC, a GOCC under DTI, denied 2013 mid-year bonus due to RA 10149 compliance; SC ruled non-payment valid, affirming Labor Code applicability over Civil Service Law.

Case Digest (G.R. No. 248401)
Expanded Legal Reasoning Model

Facts:

  • Incorporation and Evolution
    • 1966: Construction Development Corporation of the Philippines (CDCP) incorporated under the Corporation Code.
    • March 31, 1977: Presidential Decree No. 1113 granted CDCP a 30-year franchise to construct, operate, and maintain North and South Luzon Tollways.
    • December 1983: Presidential Decree No. 1894 amended PD 1113 to include the Metro Manila Expressway.
  • Government Equity and Name Change
    • February 23, 1983: Letter of Instruction No. 1295 directed government financing institutions (GFIs) to convert CDCP’s unpaid obligations into equity, making GFIs majority stockholders.
    • CDCP amended its Articles of Incorporation and By-Laws and changed its corporate name to Philippine National Construction Corporation (PNCC).
    • 1986: Presidential Proclamation No. 50 created the Asset Privatization Trust (APT) as trustee of GFI equity; later renamed Privatization and Management Office (PMO).
    • Executive Order No. 331 placed PNCC under the Department of Trade and Industry (DTI).
  • Employee Bonus Practice
    • 1992–2012: PNCC granted mid-year bonuses every May 15 pursuant to a Collective Bargaining Agreement (CBA) and continued the practice after CBA expiration.
    • April 30, 2013: PNCC’s president sought OGCC opinion on releasing the 2013 mid-year bonus under PD 1597 and RA 10149.
    • May 10, 2013: OGCC advised securing Governance Commission for GOCCs (GCG) approval per Section 8, RA 10149.
    • June 20, 2013: GCG refused to forward PNCC’s request to the President, deeming the grant legally infirm; PNCC withheld the 2013 bonus.
  • Labor Proceedings
    • Employees filed before NLRC a complaint for non-payment of mid-year bonus and diminution of benefits.
    • January 29, 2014: Labor Arbiter ordered PNCC to pay 2013 and future mid-year bonuses (one-month salary) for violating Article 100 non-diminution clause.
    • June 6, 2014: NLRC affirmed, holding PNCC a private corporation covered by the Labor Code, not subject to PD 1597 or RA 10149.
    • December 19, 2014: NLRC denied PNCC’s motion for reconsideration; employees obtained execution pending appeal.
  • Appellate Proceedings
    • CA-G.R. SP No. 139311 & No. 140997 consolidated; CA dismissed No. 140997 for lack of reconsideration motion.
    • July 12, 2018: Court of Appeals Decision in No. 139311 affirmed PNCC as private corp, held Labor Code coverage, and ruled PNCC violated non-diminution clause.
    • July 15, 2019: CA denied PNCC’s motion for reconsideration.
  • Present Petition
    • PNCC petitioned before the Supreme Court, arguing it is a GOCC under Sections 3(o),(p) RA 10149, not governed by Labor Code, and may lawfully withhold bonus.
    • Respondents countered that PNCC remains private under PNCC v. Pabion (1999), covered by Labor Code; long-standing practice matured into non-diminishable benefit.

Issues:

  • Corporate Status
    • Is PNCC a private corporation or a government-owned and controlled corporation (GOCC)?
  • Employment Law Coverage
    • Are PNCC employees governed by the Labor Code or by Civil Service Law?
  • Applicability of RA 10149
    • Is PNCC subject to RA 10149’s national compensation and position classification plan and PD 1597?
  • Non-Diminution Clause
    • Did PNCC’s withholding of the 2013 mid-year bonus violate Article 100 of the Labor Code given the enactment of RA 10149?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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