This case has been cited 1 times or more.
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2000-02-09 |
DE LEON, JR., J. |
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| Practically the same issue was addressed in Camporedondo v. National Labor Relations Commission, et. al.,[10] where an almost identical set of facts obtained. Petitioner therein was the administrator of the Surigao del Norte chapter of the PNRC. An audit conducted by a field auditor revealed a shortage in the chapter funds in the sum of P109,000.00. When required to restitute the amount of P135,927.78, petitioner therein instead applied for early retirement, which was denied by the Secretary General of the PNRC. Subsequently, the petitioner filed a complaint for illegal dismissal and damages against PNRC before the National Labor Relations Commission. In turn, PNRC moved to dismiss the complaint on the ground of lack of jurisdiction, averring that PNRC was a government corporation whose employees are embraced by civil service regulation. The labor arbiter dismissed the complaint, and the Commission sustained his order. The petitioner assailed the dismissal of his complaint via a petition for certiorari, contending that the PNRC is a private organization and not a government-owned or controlled corporation. In dismissing the petition, we ruled thus:"Resolving the issue set out in the opening paragraph of this opinion, we rule that the Philippine National Red Cross (PNRC) is a government owned and controlled corporation, with an original charter under Republic Act No. 95, as amended. The test to determine whether a corporation is government owned or controlled, or private in nature is simple. Is it created by its own charter for the exercise of a public function, or by incorporation under the general corporation law? Those with special charters are government corporations subject to its provisions, and its employees are under the jurisdiction of the Civil Service Commission, and are compulsory members of the Government Service Insurance System. The PNRC was not "impliedly converted to a private corporation" simply because its charter was amended to vest in it the authority to secure loans, be exempted from payment of all duties, taxes, fees and other charges of all kinds on all importations and purchases for its exclusive use, on donations for its disaster relief work and other services and in its benefits and fund raising drives, and be allotted one lottery draw a year by the Philippine Charity Sweepstakes Office for the support of its disaster relief operation in addition to its existing lottery draws for blood program." | |||||