Title
Tabang vs. National Labor Relations Commission
Case
G.R. No. 121143
Decision Date
Jan 21, 1997
A corporate officer's dismissal as Medical Director and Hospital Administrator was deemed an intra-corporate controversy, falling under SEC jurisdiction, not labor tribunals.

Case Summary (G.R. No. 121143)

Positions and Appointment

On October 30, 1990, the Board of Trustees appointed petitioner Tabang as Medical Director and Hospital Administrator via a memorandum. Although the remuneration details were not specified in the memorandum, petitioner claimed she received a monthly retainer of ₱5,000 from the private respondent, which allegedly stopped in November 1991. Her duties included managing the medical center's affairs and daily operations.

Alleged Removal and Legal Action

On May 1, 1993, petitioner was informed by Dr. Ernesto Naval that a Board resolution dated April 30, 1993, had relieved her of her posts, appointing Dr. Naval as Acting Medical Director and Dr. Benjamin Donasco as Acting Hospital Administrator. Petitioner received a copy of this resolution. Subsequently, on June 6, 1993, she filed a complaint for illegal dismissal and non-payment of wages, allowances, and 13th-month pay before the labor arbiter.

Respondent’s Motion to Dismiss and Jurisdictional Issue

Respondent Pamana Golden Care Medical Center Foundation, Inc. moved to dismiss the complaint for lack of jurisdiction, arguing the dismissal concerned intra-corporate matters governed by the exclusive jurisdiction of the Securities and Exchange Commission (SEC), since petitioner’s role as Medical Director and Administrator was integrally linked to her position as Board member. Petitioner contended that her positions were separate from her trusteeship and that she filed the complaint as an employee, not as a trustee.

Labor Arbiter’s Ruling

On April 26, 1994, the labor arbiter dismissed the complaint, ruling lack of jurisdiction, and held the dispute as falling under the exclusive jurisdiction of the SEC pursuant to Section 5 of Presidential Decree No. 902-A.

NLRC Affirmation on Appeal

The NLRC affirmed the dismissal, emphasizing that the position of Medical Director and Hospital Administrator is essentially an executive corporate position. Therefore, petitioner's alleged removal constituted an intra-corporate controversy within the SEC’s original and exclusive jurisdiction.

Supreme Court’s Analysis on Jurisdiction

The Supreme Court concurred with the NLRC, confirming that the controversy pertained to an intra-corporate dispute, which is under the SEC’s jurisdiction. It noted that under the corporation’s bylaws, the Board of Trustees possessed the power to appoint officers such as the Medical Director and Hospital Administrator, affirming these roles as corporate offices rather than mere employment positions.

Corporate Officers vs. Employees Distinction

The Court clarified that corporate officers are appointed by the board and are integral to corporate governance, whereas employees do not hold corporate offices and are generally employed by managing officers. Since petitioner was appointed by the Board, she was deemed a corporate officer, and thus Section 5(c) of PD No. 902-A, which grants the SEC exclusive jurisdiction over controversies involving corporate officers, applied.

Status of Monthly ₱5,000 Payment

The Court examined petitioner’s claim regarding the monthly ₱5,000 retainer, finding the vouchers indicated payments from Pamana, Inc., a stock and for-profit corporation distinct from the non-stock respondent medical foundation. Pamana, Inc. sells pre-need health care plans under the Pamana Golden Care Plan, for which petitioner acted as a retained physician. Therefore, the payments were not remuneration from the respondent corporation but fees for medical services rendered to Pamana Golden Care cardholders.

Impact of Payment Claims on Jurisdiction

Even if the monthly payment were validly claimed against the respondent corporation, the Court held that this alone

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