[CORPO: Kinds of Corporation; GOCC or Private] System.

The PNRC was not "impliedly converted to a private corporation"

014 CAMPOREDONDO V. NLRC simply because its charter was amended to vest in it the authority to secure
Aug 6, 1999 | Pardo, J. | 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,
Doctrine: on donations for its disaster relief work and other services and in its
A corporation created under a special charter for the exercise of a public benefits and fund raising drives, and be allotted one lottery draw a year by
function is a government-owned and controlled corporation, and its employees the Philippine Charity Sweepstakes Office for the support of its disaster
are under the jurisdiction of the Civil Service Commission. relief operation in addition to its existing lottery draws for blood program.

Facts: Dispositive
● From 1980 to 1995, petitioner Baltazar Camporedondo was employed WHEREFORE, the Court DISMSSES the petition.
with the Philippine National Red Cross (PNRC) as administrator of the
Surigao del Norte Chapter. Notes
● In July 1995, the field auditor found him short of P 109,000.
● Dr. Samson, the Sec-Gen of PNRC, required petitioner to restitute within
72 hrs, the sum of P 135,927.78 representing cash shortage, technical
shortage, and unremitted collections.
● Petitioner applied for early retirement, and applied for re-audit, but the
request was denied.
● On May 28, 1996, petitioner filed with the NLRC a complaint for illegal
dismissal
● PNRC filed with the DOLE Surigao del Norte a motion to dismiss the
complaint for lack of jurisdiction, arguing that PNRC is a GOCC whose
employees are embraced by the Civil Service Law.
● Petitioner asserts, on the other hand, that the employer-employee
relationship is goverend by the Labor Code
● The Labor Arbiter dismissed the complaint. NLRC affirmed.

Issue:
W/N the Philppine National Red Cross is a GOCC, or is impliedly
converted into a private corporation subject to the jurisdiction of labor
tribunals?

Held:
The PNRC is a government-owned and controlled corporation whose
employees are covered by the Civil Service Law.
● The test to determine whether a corporation is government-owned or
controlled, or private in nature is: Is it created by its own charter for the
exercise of a public function, or by incorporation under the general
corporation law?
● PNRC was created by its own charter, RA 95, as amended. 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