Trade Unions of the Philippines and Allied Services (TUPAS) VS. NHA, 173 SCRA 33
F: Respondent NHC is a corporation
organized in 1959 under the Uniform Charter of Government Corporations. Its shares of stock have been 100% owned by the Government from its incorpora¬tion. Petitioner TUPAS is a legitimate labor organization with a chapter in NHC. TUPAS filed a petition for certification elec¬tion with DOLE. It was denied.
HELD: The civil service now covers only govt owned or controlled corporations w/ original or legislative charters, that is those created by an act of Congress of by special law, and not those incorporated under and pursuant to a general legislation.
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There is, therefore, no impediment to the holding of a certification election among the workers of NHC for it is clear that they are covered by the Labor Code, the NHC being a govt owned and/ or controlled corp. w/o an original charter. For more case digests and law school notes visit lizajamarga.com.