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    304 BLISS v. Callejo

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    Mika Aurelio
    This case involves a petition filed by a labor union, Bliss Development Corporation Employees Union (BDCEU), for a certification election with the Department of Labor and Employment (DOLE). The petition was dismissed by the DOLE mediator on the basis that Bliss Development Corporation (BDC) is a government-owned and controlled corporation (GOCC) governed by civil service laws. However, the Supreme Court ruled that BDC was incorporated under the Corporation Code and not through a special charter, so it is not subject to civil service laws. Additionally, Executive Order 180 applying to GOCCs only applies to those with an original charter. Therefore, the petition should be given due course and BDC employees can join unions.

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    304 BLISS v. Callejo

    Uploaded by

    Mika Aurelio
    688 views2 pages
    This case involves a petition filed by a labor union, Bliss Development Corporation Employees Union (BDCEU), for a certification election with the Department of Labor and Employment (DOLE). The petition was dismissed by the DOLE mediator on the basis that Bliss Development Corporation (BDC) is a government-owned and controlled corporation (GOCC) governed by civil service laws. However, the Supreme Court ruled that BDC was incorporated under the Corporation Code and not through a special charter, so it is not subject to civil service laws. Additionally, Executive Order 180 applying to GOCCs only applies to those with an original charter. Therefore, the petition should be given due course and BDC employees can join unions.

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    304 BLISS v. Callejo

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    This case involves a petition filed by a labor union, Bliss Development Corporation Employees Union (BDCEU), for a certification election with the Department of Labor and Employment (DOLE). The petition was dismissed by the DOLE mediator on the basis that Bliss Development Corporation (BDC) is a government-owned and controlled corporation (GOCC) governed by civil service laws. However, the Supreme Court ruled that BDC was incorporated under the Corporation Code and not through a special charter, so it is not subject to civil service laws. Additionally, Executive Order 180 applying to GOCCs only applies to those with an original charter. Therefore, the petition should be given due course and BDC employees can join unions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    688 views2 pages

    304 BLISS v. Callejo

    Uploaded by

    Mika Aurelio
    This case involves a petition filed by a labor union, Bliss Development Corporation Employees Union (BDCEU), for a certification election with the Department of Labor and Employment (DOLE). The petition was dismissed by the DOLE mediator on the basis that Bliss Development Corporation (BDC) is a government-owned and controlled corporation (GOCC) governed by civil service laws. However, the Supreme Court ruled that BDC was incorporated under the Corporation Code and not through a special charter, so it is not subject to civil service laws. Additionally, Executive Order 180 applying to GOCCs only applies to those with an original charter. Therefore, the petition should be given due course and BDC employees can join unions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Article IX. B. CSC, Section 2.

    GOCCs under Corporation Code - (Par.1, GOCCs without charter


    BLISS V. CALLEJO and created under Corporation Code)

    FACTS: Labor Code but by the Civil Service Law, rules and
    Petitioner, a duly registered union, filed a petition for regulations
    certification election of Bliss Development Corporation o Its employees therefore are prohibited to join or
    (BDC) with the DOLE-NCR form labor organizations
    Med-Arbiter Napoleon v. Fernando dismissed petition for Petitioner union appealed with Bureau of Labor Relations
    lack of jurisdiction stating that majority of BDCs stocks is In the meantime, President Cory issued EO 180,
    owned by Human Settlement Development Corporation extending to government employees the right to
    (HSDC), a GOCC organize and bargain collectively
    Portions of the Order: o Sec. 1 This EO applies to all employees of all
    o A GOCC is a stock or non-stock corporation whether branches, subdivisions, instrumentalities, and agencies
    performing government or proprietary functions, of the government, including GOCCs with original
    which is directly chartered by special law or if charters
    organized under the corporation law is owned or o Government employees organizations shall register
    controlled by the government or subsidiary with the Civil Service Commission and the DOLE,
    corporation, to the extent of at least majority of its application shall be filed with BLR
    outstanding capital stock or of its outstanding voting
    stock ISSUE:
    o Majority of shares of BDC are owned by HSDC, a Whether Bliss Development Corporation is subject to Civil
    wholly government owned corporation, hence, BDC Service Laws, rules and regulations NO
    is a GOCC whose employees are governed not by the Whether BDCEU is covered by EO 180 and must register
    under Section 7 as a precondition for filing a petition for
    certification election, Therefore, BDC is subject to Civil
    Service laws, rules, and regulations NO

    HELD: The general law under which a private corporation may


    Granted Director of Labor Relations is hereby directed be formed or organized is the Corporation Code, the
    to give due course of petitioners application for requirements of which must be complied with by those
    certification eletion wishing to incorporate
    Section 1 of EO180 expressly limits its application to On the other hand, a government corporation is normally
    only GOCCs with original charter created by special law, referred to often as a CHARTER
    Hence, Callejas order requiring petitioner union to BDC is a government-owned corporation created under
    register in accordance with Section 17 of EO 180 is the Corporation Law
    without legal basis It is without a charter, governed by the Labor Code, and
    Med-Arbiter sustained invocation of the National Housing not by the Civil Service Law
    Corporation v. Juco ruled that inclusion of GOCCs HENCE, EO180 does not apply to it
    within the embrace of the civil service shows a deliberate
    effort of the framers of the 1973 Constitution to plug an Public respondent Calleja committed grave abuse of
    earlier loopholw which allowed GOCCs to avoid the full discretion in ordering petition to register under Section 7
    consequences of all encompassing coverage of the civil of EO180 as a precondition for filing a petition for
    service system certification election
    o However, rulig of NHC v. Juco lost its applicability
    with the advent of the 1987 Constitution

    A corporation is created by operation of law


    It acquires judicial personality either by special law or a
    general law

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