G.R. No. L-49677 - Trade Unions of the Philippines and Allied Services vs. National Housing Corp.

Expansion of public‐sector employment and rising unionism, with employees seeking meaningful participation in management and employment relations.
Respondent National Housing Corporation (NHC) organized in 1959 under Executive Order No. 399; 100% government‐owned (GSIS, SSS, DBP, NIDC, PHHC).

July 13, 1977: Trade Unions of the Philippines and Allied Services (TUPAS) chapter in NHC files petition with Department of Labor Regional Office No. IV to hold a certification election, claiming majority support among NHC employees.
November 7, 1977: Med‐arbiter Eusebio M. Jimenez dismisses petition, ruling GOC employees are prohibited from collective bargaining under Section 1, Rule II, Book V of the Labor Code IRR.
BLR Case No. A-984-77 (R04-MED-1090-77): Director Carmelo C. Noriel reverses the dismissal and orders a certification election.
November 21, 1978: Officer-in-Charge Virgilio S.J. Sy (Bureau of Labor Relations) grants NHC’s motion for reconsideration, sets aside the election order.
TUPAS files special civil action for certiorari before the Supreme Court, challenging the OIC Sy resolution.

1973 Constitution: Civil service “embraces every branch, agency, subdivision and instrumentality of the government, including government‐owned or controlled corporations.”
1987 Constitution: Civil service covers only GOCs with original (legislative) charters; subsidiaries under general corporation law fall under the Labor Code.
Prior SC rulings:

National Housing Corporation vs. Juco, 134 SCRA 172 (1985) – applied 1973 Constitution.
National Service Corporation case (G.R. No. 69870, Nov. 29, 1988) – clarified 1987 constitutional scope.

Labor Code Article 244 (as amended by EO 111) – grants GOC employees under the Corporation Code the right to organize and bargain collectively.
Labor Code Articles 255–259 and Omnibus IRR Rules V–VII – procedures for certification elections in organized and unorganized establishments.
Executive Order No. 180 (Civil Service Commission) Sections 9–12 – governs determination of sole and exclusive representative for civil service employees in GOCs with original charters.

Whether NHC employees, as government‐owned corporation staff, enjoy the constitutional right to self‐organization and collective bargaining.
Whether the 1987 Constitution limits civil service coverage to GOCs with original charters, rendering NHC employees subject to the Labor Code.

Which statutory regime governs the holding of a certification election for NHC employees (Labor Code vs. Civil Service rules under EO 180).
Whether the Bureau of Labor Relations has jurisdiction to order and conduct such an election.

Legality of the November 21, 1978 resolution setting aside the BLR order.
Appropriateness of certiorari relief to compel conduct of a certification election.