February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199350 : February 01, 2012]
PNCC SKYWAY CORPORATION EMPLOYEES UNION (PSCEU) VS. DEPARTMENT OF LABOR AND EMPLOYMENT, THROUGH THE OFFICE OF THE UNDERSECRETARY FOR LABOR RELATIONS, PNCC SKYWAY CORPORATION (PSC), PHILIPPINE NATIONAL CONSTRUCTION CORPORATION (PNCC), AND SKYWAY O AND M CORPORATION.
G.R. No. 199350 - PNCC Skyway Corporation Employees Union (PSCEU) vs. Department of Labor and Employment, through the Office of the Undersecretary for Labor Relations, PNCC Skyway Corporation (PSC), Philippine National Construction Corporation (PNCC), and Skyway O and M Corporation.
RESOLUTION
After a judicious review of the records, the Court resolves to DENY the instant petition for failure to show that the Court of Appeals committed any reversible error in upholding the authority of the Toll Regulatory Board (TRB) to issue a Toll Operation Certificate to Skyway O and M Corporation (SOMCO) to operate and maintain the South Metro Manila Skyway as it previously did to PNCC Skyway Corporation (PSC). While the Philippine National Construction Corporation (PNCC) was granted under P.D. No. 1113 as amended by P.D. No. 1894 the right to operate toll facilities, such right is subject to the Toll Operations Agreement or any amendment entered into between PNCC and the TRB and the issuance of an operation certificate. Hence, the closure of PSC's business and cessation of its operations having been caused by the valid termination of its contract and transfer of operation and management responsibilities to SOMCO pursuant to the Amended Supplemental Toll Agreement (ASTOA) and the Memorandum of Agreement (MOA), the dismissal of PSC's employees including the petitioner Union's members was an authorized cause pursuant to Article 283 of the Labor Code.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court