5 PNOC-EDC v. NLRC

PNOC ENERGY DEVELOPMENT CORP. v.
NATIONAL LABOR RELATIONS

COMMISSION, DANILO MERCADO
(GR 79182; September 11, 1991)
PETITIONER:
PNOC-EDC
RESPONDENT: NLRC
PONENTE:
Paras, J.
o
o
LAW:
1973 Constitution
Civil Service embraces every branch, agency, subdivision and instrumentality of

the government including GOCCs.
FACTS:
Danilo was first employed by PNOC-EDC on Aug 13, 1979 and various positions
during his employment at its Cebu office until his transfer to Dumaguete on Sept
4, 1985
Jun 30, 1985: He was dismissed due to allegedly serious acts of dishonesty and
violation of company rules. Last salary = P1,585.00 month basic pay + P800.00
living allowance.
o
Danilo was ordered to purchase 1,400 pieces of nipa shingles for the
Pl,680.00. He withdrew the nipa shingles from the supplier but paid
P1,000.00 only. He then appropriated the balance of P680.00 for his
personal use
o
supplier agreed to give the company a discount of P70.00 which he did
not report
o
He was instructed to contract the services of Fred Melon for the
fabrication of rubber stamps, for P28.66. He paid P20.00 to Fred and
appropriated the rest for his personal use
o
He was absent from work without leave, without proper turn-over of his
work
o
He went on vacation leave without prior leave
Danilo filed a complaint for illegal dismissal, retirement benefits, separation pay,
unpaid wages before the NLRC Regional Arbitration Branch
PNOC-EDC prayed for the dismissal of the case on the ground that the Labor
Arbiter and/or the NLRC had no jurisdiction over the case
Labor arbiter ordered the reinstatement of Danilo and the award of various
monetary claims
o
reinstate Danolo to his former position with full back wages from the date
of dismissal up to the time of actual reinstatement, without loss of
seniority rights and other privileges
o
pay Danilo P10K (his personal share of his savings account with the
respondents)
o
pay Danilo P30K moral damages, P20K exemplary damages, and P5K
attorney's fees
o
pay Danilo P792.50 as his proportionate 13th month pay for 1985
o
Respondents are hereby further ordered to deposit the aforementioned
amounts with this Office within ten days from receipt of a copy of this
decision for further disposition
NLRC affirmed the labor arbiters decision (hence this petition)
PNOC-EDC alleges that
o
it is a corporation wholly owned and controlled by the government
labor arbiter's propensity to decide the case through the position papers
submitted by the parties is violative of due process thereby rendering the
decision null and void
Danilo contends that

o
PNOC-EDC's Motion for Reconsideration and/or Appeal shows that the

latter never questioned the findings of facts of the Labor Arbiter but
simply limited its objection to the lack of legal basis in view of its stand
that the NLRC had no jurisdiction over the case
ISSUES:
1. WON matters of employment affecting the PNOC-EDC, a GOCC, are within the
jurisdiction of the Labor Arbiter and the NLRC
2. Assuming the affirmative, WON the Labor Arbiter and the NLRC are justified in
ordering the reinstatement of private respondent, payment of his savings, and
proportionate 13th month pay and payment of damages as well as attorney's fee
HELD:
the EDC is a subsidiary of the PNOC, which is a government entity

created under PD 334
being a GOCC, it is governed by the Civil Service Law as provided
for in Sec 1, Art XII-B of the 1973 Constitution, Sec 56 of P.D. 807
(Civil Service Decree) and Art 277 of PD 442, as amended (Labor
Code)
labor arbiters decision is invalid since it was rendered when the

1973 Constitution was in force
under the 1973 Constitution, GOCCs were governed by the Civil

Service Law
Even assuming that PNOC-EDC has no original or special charter

and Sec 2(i), Art IX-B of the 1987 Constitution provides that Civil
Service embraces all branches, subdivision, instrumentalities
and agencies of the Government, including GOCCs with original
charters such a circumstance cannot give validity to the
decision
1.
Petition DENIED. NLRC Resolution AFFIRMED with MODIFICATIONS (moral

damages = P10K; exemplary damages = P5K)
Yes, PNOC-EDC falls within the jurisdiction of the NLRC/Labor Arbiter
the doctrine that employees of GOCCs, whether created by special law or

formed as subsidiaries under the General Corporation law, are governed by
the Civil Service Law and NOT by the Labor Code, has been supplanted by
the present Constitution.
Under the present state of the law, the TEST in determining whether a GOCC
is subject to the Civil Service Law are the manner of its creation
o
GOCCs created by special charter are subject to its provisions
o
those incorporated under the General Corporation Law are NOT
within its coverage
PNOC-EDC, having been incorporated under the General Corporation

Law was held to be a GOCC whose employees are subject to the provisions of
the Labor Code
The fact that the case arose when the 1973 Constitution was still in effect
does NOT deprive the NLRC of jurisdiction on the premise that it is the 1987
Constitution that governs because it is the Constitution in place at the time of
the decision
o
decision of the NLRC was promulgated on July 3, 1987. Accordingly,

this case falls squarely under the rulings of the aforementioned
cases
2.
PNOC-EDC's accusations of dishonesty and violations of company rules are
unsupported
o
loss of trust or breach of confidence is a valid ground for dismissing
an employee, such loss or breach of trust must have some basis
o
Labor arbiter found that the accusations are without basis
Nipa Shingles vendor supported Danilos claim of propriety
His explanation in his affidavit as to the alleged violations

were satisfactory
These findings were never contradicted by petitioner PNOCEDC

requirements of due process are satisfied when the parties are given an
opportunity to submit position papers
o
What the fundamental law abhors is NOT the absence of previous
notice but rather the absolute lack of opportunity to ventilate a
party's side.
o
No denial of due process where the party submitted its position and
flied its MR
findings of administrative agencies which have acquired expertise because
their jurisdiction is confined to specific matters are accorded not only respect
but even finality
o Judicial review does NOT go so far as to evaluate the sufficiency of
the evidence but is limited to issues of jurisdiction or grave
abuse of discretion

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PNOC ENERGY DEVELOPMENT CORP. v.

NATIONAL LABOR RELATIONS

Civil Service embraces every branch, agency, subdivision and instrumentality of

Danilo contends that

PNOC-EDC's Motion for Reconsideration and/or Appeal shows that the

the EDC is a subsidiary of the PNOC, which is a government entity

labor arbiters decision is invalid since it was rendered when the

under the 1973 Constitution, GOCCs were governed by the Civil

Even assuming that PNOC-EDC has no original or special charter

Petition DENIED. NLRC Resolution AFFIRMED with MODIFICATIONS (moral

the doctrine that employees of GOCCs, whether created by special law or

PNOC-EDC, having been incorporated under the General Corporation

decision of the NLRC was promulgated on July 3, 1987. Accordingly,

Nipa Shingles vendor supported Danilos claim of propriety

His explanation in his affidavit as to the alleged violations

These findings were never contradicted by petitioner PNOCEDC

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