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C-5-MWSS V Hernandez-Consti (Sep 1)

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Metropolitan Waterworks and Sewerage System vs.

Hernandez, 143 SCRA 602


Facts: A case was filed against the MWSS before an arbitration branch of the National Labor Relations
Commission (NLRC) on charges of failure to pay wage differentials, allowances and other monetary benefits to
its contractual employees numbering 2,500 or so.
MWSS asserted:
1. it is a government-owned and controlled corporation (GOCC), and therefore the NLRC has no
jurisdiction over the case
2. assuming the contrary arguendo, the terms and conditions of the complainants who are all contractual
employees are governed by their respective contracts
Hernandez, the Labor Arbiter, ruled against MWSS, observing that:
1. If the complainants were regular employees, the NLRC would have no jurisdiction; but since the
complainants were non-regular or contractual employees, the NLRC has jurisdiction.
2. The Civil Service Decree applies to employees in government corporations in all matters except
monetary claims, which is governed by the Labor Code.
MWSS filed a petition for certiorari and prohibition at the Supreme Court to invalidate the decision of the Labor
Arbiter.
Issue: Are contractual employees of the MWSS covered by the Labor Code or by laws and regulations
governing the civil service?
Decision: The decision and order of the Labor Arbiter, having been rendered without jurisdiction, are declared
void and set aside.
Citing: National Housing Corporation vs. Juco: employees of the GOCCs are governed by civil service law,
rules and regulations; the Labor Arbiter has no jurisdiction over them.
It is uncontested that MWSS is a GOCC; therefore, employment in the MWSS is governed by the civil service
law, rules and regulations; and controversies arising from or connected with that employment are not
cognizable by the NLRC.
There is no legal or logical justification for the distinction made by the Labor Arbiter between regular and
non-regular employees of the MWSS in order to justify its jurisdiction. Positions in the civil service are
classified into career and non-career service, the latter of which includes contractual personnel.
Secondary notes: arguments rejected by the Supreme Court
1. The Labor Arbiters claim that the Civil Service Law governs employment in the MWSS in all aspects,
except monetary claims, which is governed by the Labor Code is even more patently illogical and
deserves no confutation.
2. The claim of the private respondents that they are not employees of the MWSS, so the case is within
the jurisdiction of NLRC through Arbiter Hernandez does not merit refutation.
3. The claim of arbiter that Existence of employer-employee relationship (between the MWSS and an
individual) is not per se equivalent to being a government employee is absurd and undeserving of
response.

http://www.lawphil.net/judjuris/juri1986/aug1986/gr_71818_1986.html

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