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(c) In case the applicant is an independent union, the names of all its members comprising at least
twenty percent (20%) unit where it seeks to operate; (of all the employees in the bargaining d) If the MARIWASA SIAM CERAMICS, INC. vs. THE SECRETARY OF THE
applicant union has been in existence for one or more years, copies of its annual financial reports; and DEPARTMENT OF LABOR AND EMPLOYMENT, CHIEF OF THE
(e) Four copies of the constitution and by-laws of the applicant union, minutes of its adoption or BUREAU OF LABOR RELATIONS, DEPARTMENT OF LABOR AND
ratification, and the list of the members who participated in it. EMPLOYMENT, REGIONAL DIRECTOR OF DOLE REGIONAL OFFICE
2 ART. 239. Grounds for Cancellation of Union Registration.— The following may constitute grounds
NUMBER IVA & SAMAHAN NG MGA MANGGAGAWA SA MARIWASA
for cancellation of union registration: SIAM CERAMICS, INC. (SMMSCINDEPENDENT),
(a) Misrepresentation, false statement or fraud in connection with the adoption or ratification of December 21, 2009 | Nachura, J. | Regulation of Labor Organization: Requirements of
the constitution and by-laws or amendments thereto, the minutes of ratification, and the list of members Registration
who took part in the ratification; (b) Misrepresentation, false statements or fraud in connection with the
election of officers, minutes of the election of officers, and the list of voters;
Digester: Arreza, Dapor
(c) Voluntary dissolution by the members.
SUMMARY: Respondent Samahan was issued a certificate of registration as a The Honorable Court of Appeals seriously erred when it ruled that private respondent union
legitimate labor org by the DOLE. Petitioner Mariwasa filed a petition for cancellation did not commit misrepresentation, fraud or false statement.”
of union registration against respondent claiming that the latter violated Article 234 of
the Labor Code for not complying with the 20% requirement, and that it committed RULING: WHEREFORE, the petition is DENIED. The assailed December 20, 2007
massive fraud and misrepresentation in violation of Article 239 of the same code. Decision and the June 6, 2008 Resolution of the Court of Appeals are AFFIRMED.
Regional Director of DOLE issued an order granting petition revoking the registration
of respondent. Respondent appealed to BLR, which granted the appeal. Petitioner WoN SMMSC-Independent fail to comply with the 20% requirement and
appealed with CA but denied it for lack of merit. The Court held that while it is true that commit massive fraud and misrepresentation, deeming its delisting from the
the withdrawal of support may be considered as a resignation from the union, the fact roster of active labor unions valid. – NO. The petition should be dismissed.
remains that at the time of the union’s application for registration, the affiants were The petitioner insists that respondent failed to comply with the 20% union
members of respondent and they comprised more than the required 20% membership membership requirement for its registration as a legitimate labor organization
for purposes of registration as a labor union. because of the disaffiliation from the total number of union members of 102
DOCTRINE: Article 234 of the Labor Code merely requires a 20% minimum employees who executed affidavits recanting their union membership.
membership during the application for union registration. It does not mandate that a o To answer this, imperative that we peruse the affidavits appearing to have
union must maintain the 20% minimum membership requirement all throughout its been executed by these affiants:
existence. “Ako, _____________, Pilipino, may sapat na gulang, regular na empleyado
bilang Rank & File sa Mariwasa Siam Ceramics, Inc., Bo. San Antonio, Sto.
FACTS: Tomas, Batangas, matapos na makapanumpa ng naaayon sa batas ay malaya at
May 4, 2005: Respondent Samahan Ng Mga Manggagawa Sa Mariwasa Siam kusang loob na nagsasaad ng mga sumusunod:
Ceramics, Inc. (SMMSC-Independent) was issued a Certificate of Registration as a 1. Ako ay napilitan at nilinlang sa pagsapi sa Samahan ng mga Manggagawa
legitimate labor organization by the Department of Labor and Employment sa Mariwasa Siam Ceramics, Inc. o SMMSC-Independent sa kabila ng aking
(DOLE), Region IVA. pagaalinlangan[;]
June 14, 2005: Petitioner Mariwasa Siam Ceramics, Inc. filed a Petition for 2. Aking lubos na pinagsisihan ang aking pagpirma sa sipi ng samahan, at
Cancellation of Union Registration against respondent, claiming that the latter handa ako[ng] tumalikod sa anumang kasulatan na aking nalagdaan sa
violated Article 234 of the Labor Code for not complying with the 20% kadahilanan na hindi angkop sa aking pananaw ang mga mungkahi o adhikain ng
requirement, and that it committed massive fraud and misrepresentation in samahan.
violation of Article 239 of the same code. SA KATUNAYAN NANG LAHAT, ako ay lumagda ng aking
pangalan ngayong ika____ ng ______, 2005 dito sa Lalawigan ng Batangas,
Aug. 26, 2005: Regional Director of DOLE-IV issued an Order granting the
Bayan ng Sto. Tomas.
petition, revoking the registration of respondent, and delisting it from the roster of
____________________ Nagsasalaysay
active labor unions.
Evidently, these affidavits were written and prepared in advance, and the pro forma
Aggrieved, respondent appealed to the BLR.
affidavits were ready to be filled out with the employees’ names and signatures.
BLR: Granted respondents’ appeal. Decision by DOLE Region IV-A Director
The first common allegation in the affidavits is a declaration that, in spite of his
Maximo B. Lim is hereby REVERSED and SET ASIDE. Samahan ng
hesitation, the affiant was forced and deceived into joining the respondent union. It
Manggagawa sa Mariwasa Siam Ceramics, Inc. (SMMSCIndependent) remains in
is worthy to note, however, that the affidavit does not mention the identity of the
the roster of legitimate labor organizations.
people who allegedly forced and deceived the affiant into joining the union, much
Petitioner filed MR with BLR but was denied. less the circumstances that constituted such force and deceit. Indeed, not only was
CA: Denied petition for lack of merit. this allegation couched in very general terms and sweeping in nature, but more
Petitioner filed MR with CA but was denied based on the ff grounds: importantly, it was not supported by any evidence whatsoever.
“Review of the Factual Findings of the Bureau of Labor Relations, adopted and confirmed by the The second allegation ostensibly bares the affiant’s regret for joining respondent
Honorable Court of Appeals is warranted[;] union and expresses the desire to abandon or renege from whatever agreement he
The Honorable Court of Appeals seriously erred in ruling that the affidavits of recantation may have signed regarding his membership with respondent.
cannot be given credence[;] Simply put, through these affidavits, it is made to appear that the affiants recanted
The Honorable Court of Appeals seriously erred in ruling that private respondent union their support of respondent’s application for registration.
complied with the 20% membership requirement[; and]
In appreciating affidavits of recantation such as these, our ruling in La Suerte Cigar
and Cigarette Factory v. Director of the Bureau of Labor Relations is enlightening:
o “…it appearing undisputably that the 31 union members had withdrawn their support for union registration. It does not mandate that a union must maintain the 20%
to the petition before the filing of said petition. It would be otherwise if the withdrawal minimum membership requirement all throughout its existence.
was made after the filing of the petition for it would then be presumed that the The total union membership at the time of registration was 169. Since the total
withdrawal was not free and voluntary. The presumption would arise that the number of rank-and-file employees at that time was 528, 169 employees would be
withdrawal was procured through duress, coercion or for valuable consideration. In other equivalent to 32% of the total rank-and-file workers complement, still very much
words, the distinction must be that withdrawals made before the filing of the petition are above the minimum required by law.
presumed voluntary unless there is convincing proof to the contrary, whereas withdrawals We agree with the BLR and the CA that respondent could not have possibly
made after the filing of the petition are deemed involuntary. committed misrepresentation, fraud, or false statements. The alleged failure of
The reason for such distinction is that if the withdrawal or retraction is made respondent to indicate with mathematical precision the total number of employees
before the filing of the petition, the names of employees supporting the petition are in the bargaining unit is of no moment, especially as it was able to comply with the
supposed to be held secret to the opposite party. Logically, any such withdrawal or 20% minimum membership requirement. Even if the total number of rank-and-file
retraction shows voluntariness in the absence of proof to the contrary. Moreover, it employees of petitioner is 528, while respondent declared that it should only be
becomes apparent that such employees had not given consent to the filing of the petition, 455, it still cannot be denied that the latter would have more than complied with
hence the subscription requirement has not been met. the registration requirement.
When the withdrawal or retraction is made after the petition is filed, the employees
who are supporting the petition become known to the opposite party since their names NOTES:
are attached to the petition at the time of filing. Therefore, it would not be unexpected ART. 234. REQUIREMENTS OF REGISTRATION . - Any applicant labor
that the opposite party would use foul means for the subject employees to withdraw their organization, association or group of unions or workers shall acquire legal personality and shall be
support.” entitled to the rights and privileges granted by law to legitimate labor organizations upon issuance
In the instant case, the affidavits of recantation were executed after the identities of of the certificate of registration based on the following requirements:
the union members became public since the names of the members were attached xxxx
to the petition. The purported withdrawal of support for the registration of the (c) The names of all its members comprising at least twenty percent (20%) of all the employees in
union was made after the documents were submitted to the DOLE, Region IVA. the bargaining unit where it seeks to operate.
The logical conclusion, therefore, following jurisprudence, is that the employees ART. 239. GROUNDS FOR CANCELLATION OF UNION REGISTRATION.
were not totally free from the employer’s pressure, and so the voluntariness of the - The following shall constitute grounds for cancellation of union registration:
employees’ execution of the affidavits becomes suspect. (a) Misrepresentation, false statement or fraud in connection with the adoption or ratification of
It is likewise notable that the first batch of 25 pro forma affidavits shows that the the constitution and bylaws or amendments thereto, the minutes of ratification, and the list of
affidavits were executed by the individual affiants on different dates from May 26, members who took part in the ratification;
2005 until June 3, 2005, but they were all sworn before a notary public on June 8, xxxx
2005. There was also a second set of standardized affidavits executed on different (c) Misrepresentation, false statements or fraud in connection with the election of officers,
dates from May 26, 2005 until July 6, 2005. While these 77 affidavits were notarized minutes of the election of officers, the list of voters, or failure to submit these documents
on different dates, 56 of these were notarized on June 8, 2005, the very same date together with the list of the newlyelected/appointed officers and their postal addresses within
when the first set of 25 was notarized. thirty (30) days from election.
We cannot give full credence to these affidavits, which were executed under COASTAL SUBIC BAY TERMINAL, INC. vs. DEPARTMENT OF LABOR
suspicious circumstances, and which contain allegations unsupported by evidence. and EMPLOYMENT-OFFICE OF THE SECRETARY, COASTAL SUBIC
At best, these affidavits are self-serving. They possess no probative value. BAY TERMINAL, INC. SUPERVISORY UNIONAPSOTEU, and COASTAL
A retraction does not necessarily negate an earlier declaration. For this reason, SUBIC BAY TERMINAL, INC. RANK-AND-FILE UNIONALU-TUCP,
retractions are looked upon with disfavor and do not automatically exclude the November 20, 2006 | Quisumbing, J. | Union Chartering/Affiliation: Requirements of
original statement or declaration based solely on the recantation. Registration
Nevertheless, even assuming the veracity of the affidavits of recantation, the Digester: Arreza, Dapor
legitimacy of respondent as a labor organization must be affirmed. While it is true
that the withdrawal of support may be considered as a resignation from the union, SUMMARY: Private respondents CSBTIRFU (rank-and-file union) and CSBTISU
the fact remains that at the time of the union’s application for registration, the (supervisors union) both filed petitions for certification election before the MA
affiants were members of respondent and they comprised more than the required separately. The rank-and-file union insists that it is a legitimate labor organization
20% membership for purposes of registration as a labor union. Article 234 of the having been issued a charter certificate by the ALU, while the supervisory union by the
Labor Code merely requires a 20% minimum membership during the application APSOTEU. Petitioner opposed the petitions for certification election alleging that both
unions were not legitimate labor organizations and that the proposed bargaining units CA: Affirmed the decision of the SOLE, holding that there was no grave abuse of
were not particularly described. The MA dismissed the petition. The SOLE reversed the discretion on the part of the Secretary; its findings are supported by evidence on
decision of the MA. The CA affirmed the decision of the SOLE. The Court record; and thus should be accorded with respect and finality.
GRANTED the petition, AFFIRMING the decision of the MA, holding that the ALU o MR was DENIED.
and APSOTEU are one and the same federation having a common set of officers. Thus,
the supervisory and the rank-and-file unions were in effect affiliated with only one RULING: WHEREFORE, the petition is GRANTED. The Court of Appeals’
federation. Decision dated August 31, 2001, in CA-G.R. SP No. 54128 and the Resolution dated
DOCTRINE: The purpose of affiliation of the local unions into a common enterprise February 5, 2003 are SET ASIDE. The decision of the Med-Arbiter is hereby
is to increase the collective bargaining power in respect of the terms and conditions of AFFIRMED.
labor. When there is commingling of officers of a rank-and-file union with a supervisory
union, the constitutional policy on labor is circumvented. Labor organizations should WoN the supervisory and the rank-and-file unions can file separate petitions for
ensure the freedom of employees to organize themselves for the purpose of leveling the certification election. – YES.
bargaining process but also to ensure the freedom of workingmen and to keep open the The issue on the status of the supervisory union CSBTISU depends on the status
corridor of opportunity to enable them to do it for themselves. of APSOTEU, its mother federation.
o Petitioner argues that APSOTEU improperly secured its registration from
FACTS: the DOLE Regional Director and not from the BLR; that it is the BLR
July 8, 1998: Private respondents Coastal Subic Bay Terminal, Inc. Rank-and-File that is authorized to process applications and issue certificates of
Union (CSBTIRFU) and Coastal Subic Bay Terminal, Inc. Supervisory Union registration in accordance with our ruling in Phil. Association of Free Labor
(CSBTISU) filed separate petitions for certification election before the Med- Unions v. Secretary of Labor; that the certificates of registration issued by the
Arbiter. The rank-and-file union insists that it is a legitimate labor organization DOLE Regional Director pursuant to the rules are questionable, and
having been issued a charter certificate by the Associated Labor Union (ALU), and possibly even void ab initio for being ultra vires; and that the CA erred
the supervisory union by the Associated Professional, Supervisory, Office and when it ruled that the law applicable at the time of APSOTEU’s
Technical Employees Union (APSOTEU). Private respondents also alleged that the registration was the 1989 Revised Implementing Rules and Regulations of
establishment in which they sought to operate was unorganized. RA No. 6715.
Petitioner Coastal Subic Bay Terminal, Inc. (CSBTI) opposed both petitions for o Petitioner insists that APSOTEU lacks legal personality, and its chartered
certification election alleging that the rank-and-file union and supervisory union affiliate CSBTISU cannot attain the status of a legitimate labor
were not legitimate labor organizations, and that the proposed bargaining units organization to file a petition for certification election. It relies on Villar v.
were not particularly described. Inciong, where we held therein that Amigo Employees Union was not a
Med-Arbiter: Dismissed, without prejudice to refiling, both petitions which had duly registered independent union absent any record of its registration
been consolidated. It held that the ALU and APSOTEU are one and the same with the Bureau.
federation having a common set of officers. Thus, the supervisory and the rank- Article 235 of the Labor Code provides that applications for registration shall be
and-file unions were in effect affiliated with only one federation. acted upon by the Bureau, which, as defined under the Labor Code means the BLR
SOLE: Reversed the decision of the Med-Arbiter. It ruled that CSBTISU and and/or the LRD in the Regional Offices of the Department of Labor. Section 2,
CSBTIRFU have separate legal personalities to file their separate petitions for Rule II, Book V of the 1989 Revised Implementing Rules of the Labor Code and
certification election. It held that APSOTEU is a legitimate labor organization the Implementing Rules specifically Section 1, Rule III of Book V, as amended by
because it was properly registered pursuant to the 1989 Revised Rules and DO No. 9, provide the rules on where to file the application for registration of any
Regulations implementing RA No. 6715. It further ruled that ALU and APSOTEU federation, national or industry union or trade union center.
are separate and distinct labor unions having separate certificates of registration o The DOLE issued DO No. 40-03, which took effect on March 15, 2003,
from the DOLE. They also have different sets of locals. The Secretary declared further amended Book V of the above implementing rules, explicitly
CSBTIRFU and CSBTISU as legitimate labor organizations having been chartered providing that applications for registration of labor organizations shall be
respectively by ALU and APSOTEU after submitting all the requirements with the filed either with the Regional Office or with the BLR.
BLR. Accordingly, the Secretary ordered the holding of separate certification o Even after the amendments, the rules did not divest the Regional Office
election. and the BLR of their jurisdiction over applications for registration by
o MR was DENIED. labor organizations. The amendments to the implementing rules merely
specified that when the application was filed with the Regional Office, the
application would be acted upon by the BLR.
The records in this case showed that APSOTEU was registered on March 1, 1991. Hence, local unions are considered principals of the latter. Hence, local unions are
Accordingly, the law applicable at that time was Section 2, Rule II, Book V of the considered principals while the federation is deemed to be merely their agent. As
Implementing Rules, and not DO No. 9 which took effect only on June 21, 1997. such principals, the unions are entitled to exercise the rights and privileges of a
Thus, considering further that APSOTEU’s principal office is located in Diliman, legitimate labor organization, including the right to seek certification as the sole and
Quezon City, and its registration was filed with the NCR Regional Office, the exclusive bargaining agent in the appropriate employer unit.
certificate of registration is valid. A word of caution though, under Article 245 of the Labor Code, supervisory
The petitioner misapplied Villar v. Inciong. In said case, there was no record in the employees are not eligible for membership in a labor union of rank-and-file
BLR that Amigo Employees Union was registered. employees. The supervisory employees are allowed to form their own union but
they are not allowed to join the rank-and-file union because of potential conflicts of
WoN the CA erred in its application of stare decisis when it upheld the interest. Further, to avoid a situation where supervisors would merge with the rank-
Secretary’s ruling that APSOTEU is a legitimate labor organization and its and-file or where the supervisors’ labor union would represent conflicting interests,
personality cannot be assailed unless in an independent action for cancellation of a local supervisors’ union should not be allowed to affiliate with the national
registration certificate. – NO. federation of unions of rank-and-file employees where that federation actively
Section 5, Rule V, Book V of the Implementing Rules provides that “the labor participates in the union activity within the company. Thus, the limitation is not
organization or workers’ association shall be deemed registered and vested with legal personality on confined to a case of supervisors wanting to join a rank-and-file union. The
the date of issuance of its certificate of registration…” Thus, APSOTEU is a legitimate labor prohibition extends to a supervisors’ local union applying for membership in a
organization and has authority to issue charter to its affiliates and it may issue a national federation the members of which include local unions of rank-and-file
local charter certificate to CSBTISU and correspondingly, CSBTISU is legitimate. employees.
In the instant case, the national federations that exist as separate entities to which
WoN ALU, a rank-and-file union and APSOTEU, a supervisory union one and the rank-and-file and supervisory unions are separately affiliated with, do have a
the same because of the commonalities between them. Are they commingled? – common set of officers. In addition, APSOTEU, the supervisory federation,
NO. actively participates in the CSBTISU while ALU, the rank-and-file federation,
The petitioner contends that applying by analogy, the doctrine of piercing the veil actively participates in the CSBTIRFU, giving occasion to possible conflicts of
of corporate fiction, APSOTEU and ALU are the same federation. Private interest among the common officers of the federation of rank-and-file and the
respondents disagree. federation of supervisory unions. For as long as they are affiliated with the
As discussed above, once a labor union attains the status of a legitimate labor APSOTEU and ALU, the supervisory and rank-and-file unions both do not meet
organization, it continues as such until its certificate of registration is cancelled or the criteria to attain the status of legitimate labor organizations, and thus could not
revoked in an independent action for cancellation. In addition, the legal personality separately petition for certification elections.
of a labor organization cannot be collaterally attacked. The purpose of affiliation of the local unions into a common enterprise is to
o Thus, when the personality of the labor organization is questioned in the increase the collective bargaining power in respect of the terms and conditions of
same manner the veil of corporate fiction is pierced, the action partakes labor. When there is commingling of officers of a rank-and-file union with a
the nature of a collateral attack. Hence, in the absence of any independent supervisory union, the constitutional policy on labor is circumvented. Labor
action for cancellation of registration against either APSOTEU or ALU, organizations should ensure the freedom of employees to organize themselves for
and unless and until their registrations are cancelled, each continues to the purpose of leveling the bargaining process but also to ensure the freedom of
possess a separate legal personality. The CSBTIRFU and CSBTISU are workingmen and to keep open the corridor of opportunity to enable them to do it
therefore affiliated with distinct and separate federations, despite the for themselves.
commonalities of APSOTEU and ALU.
Under the rules implementing the Labor Code, a chartered local union acquires NOTES:
legal personality through the charter certificate issued by a duly registered Section 2, Rule II, Book V of the 1989 Revised Implementing Rules. - Where to
federation or national union, and reported to the Regional Office in accordance file application; procedure.—Any national labor organization or labor federation or local union
with the rules implementing the Labor Code. A local union does not owe its may file an application for registration with the Bureau or the Regional Office where the
existence to the federation with which it is affiliated. It is a separate and distinct applicant’s principal offices is located. The Bureau or the Regional Office shall immediately process
voluntary association owing its creation to the will of its members. Mere affiliation and approve or deny the application. In case of approval, the Bureau or the Regional Office shall
does not divest the local union of its own personality, neither does it give the issue the registration certificate within thirty (30) calendar days from receipt of the application,
mother federation the license to act independently of the local union. It only gives together with all the requirements for registration as hereinafter provided.
rise to a contract of agency, where the former acts in representation of the latter.
Section 1, Rule III of Book V, as amended by Department Order No. 9. - Kilusan claimed that there was no existing CBA and that no other legitimate labor
Where to file applications.—The application for registration of any federation, national or organization existed in the bargaining unit.
industry union or trade union center shall be filed with the Bureau. Where the application is filed Petitioner PDC filed its motion to dismiss dated July 11, 1990 contending that the
with the Regional Office, the same shall be immediately forwarded to the Bureau within forty-eight local union failed to comply with Rule II, Section 3, Book V of the Rules
(48) hours from filing thereof, together with all the documents supporting the registration. Implementing the Labor Code, as amended, which requires the submission of: (a)
The applications for registration of an independent union shall be filed with and acted upon the constitution and by-laws; (b) names, addresses and list of officers and/or
by the Regional Office where the applicant’s principal office is located …. members; and (c) books of accounts.
Section 5, Rule V, Book V of the Implementing Rules. - Effect of registration.— On July 16,1990, Kilusan submitted a rejoinder to PDC's motion to dismiss
The labor organization or workers’ association shall be deemed registered and vested with legal claiming that it had submitted the necessary documentary requirements for
personality on the date of issuance of its certificate of registration. Such legal personality cannot registration, such as the constitution and by-laws of the local union, and the list of
thereafter be subject to collateral attack, but maybe questioned only in an independent petition for officers/members with their addresses. Kilusan further averred that no books of
cancellation in accordance with these Rules. accounts could be submitted as the local union was only recently organized.
PROGRESSIVE DEVELOPMENT CORPORATION v. THE HONORABLE In its “Supplemental Position Paper” dated September 3, 1990, the petitioner
SECRETARY, DOLE, MED- ARBITER EDGARDO DELA CRUZ, AND insisted that upon verification with the Bureau of Labor Relations (BLR), it found
PAMBANSANG KILUSAN NG PAGGAWA (KILUSAN)-TUCP that the alleged minutes of the organizational meeting was unauthenticated, the list
February 4, 1992| Gutierrez, Jr., J. | Action on Application; Denial of Registration of members did not bear the corresponding signatures of the purported members,
Digester: Agustin, Chrissete C. and the constitution and by-laws did not bear the signatures of the members and
was not duly subscribed. It argued that the private respondent therefore failed to
SUMMARY: Kilusan-TUCP filed with the DOLE a petition for certification election substantially comply with the registration requirements provided by the rules.
among the rank-and-file employees of PDC alleging that it is a legitimate labor org and Additionally, it prayed that Med-Arbiter Edgardo dela Cruz inhibit himself from
its local chapter, PDEU was issued a charter certificate. PDC filed a motion to dismiss handling the case for the reason that he allegedly had prejudged the same.
on the ground that the Union did not comply with the requirements of the registration. MA: Held that there was substantial compliance with the requirements for the
The Court held that the Union failed to comply with all the mandatory requirements of formation of a chapter. He further stated that mere issuance of the charter
the registration, and thus denial was proper. certificate by the federation was sufficient compliance with the rules. Considering
DOCTRINE: Ordinarily, a labor organization acquires legitimacy only upon that the establishment is unorganized, he maintained that a certification election
registration with the BLR, under Arts. 234 and 235. But when an unregistered union should be conducted to resolve the question of representation.
becomes a branch, local or chapter of a federation, some of the aforementioned PDC filed for MR (which was treated as an appeal to the SOLE).
requirements for registration are no longer required. The intent of the law in imposing
USEC of DOLE: The same was merely a “reiteration of the issues already
lesser requirements in the case of a branch or local of a registered federation or national
ventilated in the proceedings before the Med-Arbiter specifically, the matter
union is to encourage the affiliation of a local union with a federation or national union
involving the formal organization of the chapter.”
in order to increase the local union's bargaining powers respecting terms and conditions
of labor.A local or chapter therefore becomes a legitimate labor organization only upon PDC filed for MR – DENIED
submission of the following to the BLR: 1) A charter certificate, within 30 days from its In an order dated February 25, 1991, the Court resolved to issue a TRO enjoining
issuance by the labor federation or national union, and 2) The constitution and by-laws, the public respondents from carrying out the assailed resolution and orders or from
a statement on the set of officers, and the books of accounts all of which are certified proceeding with the certification election.
under oath by the secretary or treasurer, as the case may be, of such local or chapter,
and attested to by its president.
Absent compliance with these mandatory RULING: Petition is GRANTED. The assailed resolution and orders of respondents
requirements, the local or chapter does not become a legitimate labor Med-Arbiter and Secretary of Labor and Employment, respectively, are hereby SET
organization. ASIDE. The temporary restraining order dated February 25, 1991 is made permanent.
DE OCAMPO MEMORIAL SCHOOLS, INC., petitioner versus BIGKIS Although, the CA observed that the members of the union, who are from academic,
MANGGAGAWA SA DE OCAMPO MEMORIAL SCHOOL, INC., respondent non-academic, and general services, do not perform work of the same nature and these
G.R. No. 192648 factors dictate the separation of the categories of employees for purposes of collective
March 15, 2017 bargaining, the CA reasoned that such lack of mutuality and commonality of interest of
the union members is not among the grounds for cancellation of union registration
under Article 247 of the Labor Code.
FACTS:
The respondents then filed an appeal to Bureau of Labor Relations. On December 29, The petitioner was not able to establish to the court the violation alleged to the
2004, a decision was released by BLR reversing the Regional Director's finding of respondents, wherefore CA decision favored for BMDOMSI, and declaring the petition
misrepresentation, false statement or fraud in BMDOMSI’s application for registration. denied for lack of merit.
According to BLR the petitioner failed to present proof to support its allegation of
mixed membership within respondent union. Certiorari was filed by the petitioner to
the CA seeking to annul and set aside the BLR Decision as well as the Resolution dated
January 24, 2005 denying its motion for reconsideration. CA affirmed the Decision of
the BLR. It ruled that there was no misrepresentation, false statement or fraud in the
application for registration. The respondents were able to substantiate that there have
been no misrepresentation as the members appearing in the minutes of the general
membership meeting BMDOMSI Union, and the list of members who attended the