UNION MOTORS CORPORATION V.

NLRC
16 Sept. 1999

Facts: D was P’s Assistant to the President and Administrative and Personnel Manager. She
thereafter filed a complaint for constructive/illegal dismissal with the NLRC.

Issue: Whether the NLRC has jurisdiction over D’s case

Held: No. The SEC, not the NLRC, has jurisdiction. The records clearly show that D’s
position as Assistant to the President and Personnel and Administrative Manager is a
corporate office under the by-laws of P. It is clear that the charges filed by D against P arising
from her ouster as a corporate officer, is an intra-corporate controversy. For the SEC to take
cognizance of a case, the controversy must pertain to any of the following relationships: (a)
between the corporation, partnership or association and the public (b) between the
corporation, partnership or association and its stockholders, partners, members, or officers (c)
between the corporation, partnership or association and the state so far as its franchise,
permit, or license to operate is concerned; and (d) among the stockholders, partners, or
associates themselves. The instant case is a dispute between a corporation and one of its
officers. As such, D’s complaint is subject to the jurisdiction of the SEC, and not the NLRC.
INTRA CORPORATE-CONTROVERSY