Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1965 > July 1965 Decisions > G.R. No. L-21016 July 30, 1965 - BCI EMPLOYEES & WORKERS UNION v. PIO MARCOS, ET AL:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-21016. July 30, 1965.]

BCI EMPLOYEES AND WORKERS UNION (PAFLU), Petitioner, v. HON. PIO MARCOS AND BENGUET CONSOLIDATED, INC., Respondents.

Cipriano Cid & Associates for Petitioner.

Ross, Selph & Carrascoso and R. L. Resurreccion for respondents Benguet Consolidated, Inc.


SYLLABUS


1. LABOR RELATIONS; COURT OF FIRST INSTANCE WITHOUT JURISDICTION IN A LABOR DISPUTE RAISING ISSUES INTERWOVEN WITH UNFAIR LABOR PRACTICE CASES PENDING IN THE C.I.R. — When the issue in an action filed in the Court of First Instance is interwoven with unfair labor practice cases pending before the Court of Industrial Relations, said action is outside the jurisdiction of regular courts, even if it involves acts of violence, intimidation and coercion as averred in the petition therein. Such a rule is necessary in order to avoid multiplicity of suits. For if the purpose of the action is to obtain some injunctive relief against certain acts of violence of the laborers, the same can be obtained from the Industrial Court which is given ample powers to act thereon by Republic Act 875.


D E C I S I O N


BENGZON, J.:


Benguet Consolidated, Inc. Employees and Workers Union (PAFLU), composed of rank and file workers in Benguet Consolidated, Inc., filed on December 28, 1962 a notice of strike with the Department of Labor. Simultaneously, the company filed a notice of lockout. A series of conciliation conferences was held but it failed to bring about a settlement.

On March 3, 1963 the union declared a strike in three mining areas of the company, namely, Acupan, Antamok and Balatok, all in Itogon, Benguet, Mountain Province. Picketing thereafter followed in said areas.

Alleging that the strikers were unlawfully picketing the company premises, Benguet Consolidated, Inc. filed on March 6, 1963 a petition, docketed as Civil Case No. 1240, to restrain by preliminary injunction, to be made permanent later, the commission or continuance of said picketing. It was filed in the Court of First Instance of Baguio.

A motion to dismiss said petition was filed by the union on March 7, 1963. Stated as grounds were, first, that the present strike was due to unfair labor practice acts of the company, subject matter of pending litigations in the Court of Industrial Relations and, second, that the petition failed to comply with the jurisdictional requirements of Section 9(d), Republic Act 875. After hearing on the same day the court denied the motion.

Subsequently, on March 12, 1963, the Court of First Instance of Baguio issued preliminary injunction after a hearing.

Whereupon, on March 13, 1963, the union filed herein the instant suit for certiorari with preliminary injunction. Preliminary injunction was granted by resolution of this Court on March 15, 1963.

At issue is the jurisdiction of the Court of First Instance of Baguio to entertain the petition filed therein on March 6, 1963 by Benguet Consolidated, Inc.

From the very allegations of the petition filed by the company in respondent judge’s court, it is evident that said action was precipitated by a strike staged by the union, and the consequent picketing undertaken, arising from a labor dispute. As the record discloses, however, this labor dispute is already involved in two unfair labor practice cases then pending between the same parties before the Court of Industrial Relations. Said unfair labor practice cases were instituted much ahead of time than the petition in question: Case No. 2363-ULP on June 20, 1960, about two years and a half before, and Case No. 3289-ULP on August 29, 1962, about four months before the notice of strike.

Furthermore, it is equally clear from the record that the same labor dispute is involved in all these cases. The unfair labor practice cases aforementioned were based on alleged dismissals of union members without just cause but due solely to union affiliation and/or activities. The strike called by the union on March 3, 1963, in relation to which the picketing sought to be enjoined was undertaken, expressly had as one of its reasons "discrimination against union members in the enforcement of disciplinary actions" (See Notice of Strike, Schedule A, Annex 7 to Answer).

It follows that the Court of Industrial Relations had already acquired jurisdiction over the aforesaid labor dispute when the petition before the Court of First Instance was instituted. The former’s jurisdiction, concerning as it does an unfair labor practice case, is exclusive of that court (Section 5 [a], Republic Act 875). Accordingly, since the issues in the action filed with respondent Judge of First Instance is interwoven with the unfair labor practice cases pending before the Court of Industrial Relations, said action is outside the jurisdiction of regular courts (Fil-Hispano Labor Union v. Montesa, 117 Phil. 724), even if it involves acts of violence, intimidation and coercion as averred in the petition therein (National Garments and Textiles Workers’ Union-PAFLU v. Caluag, L-9104, September 10, 1956). Such a rule is necessary in order to avoid multiplicity of suits. For if the purpose of the action is to obtain some injunctive relief against certain acts of violence of the laborers, the same can be obtained from the Industrial Court which is given ample powers to act thereon by Republic Act 875 (Lakas ng Pagkakaisa sa Peter Paul v. Victoriano, L-9290, January 14, 1958).

WHEREFORE, certiorari is hereby granted, declaring respondent judge without jurisdiction to act in Civil Case No. 1240, and the injunction heretofore granted is made permanent, with costs against respondent Benguet Consolidated, Inc. It is so ordered.

Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Paredes, Dizon, Regala, Makalintal and Zaldivar, JJ., concur.

Barrera, J., is on leave.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






July-1965 Jurisprudence                 

  • G.R. No. L-16631 July 20, 1965 - DEV. BANK OF THE PHIL. v. MANUEL S. OZARRAGA

  • G.R. No. L-18172 July 20, 1965 - ROSA BUNGAY VDA. DE QUILLOSA, ET AL v. TARCILA SALAZAR

  • G.R. No. L-20125 July 20, 1965 - NIN BAY MINING CO. v. MUN. OF ROXAS, PROV. OF PALAWAN

  • G.R. No. L-16723 July 30, 1965 - CITY OF CEBU v. TEODORICO LEDESMA, ET AL

  • G.R. No. L-16933 July 30, 1965 - TALISAY-SILAY MILLING CO. INC. v. VICENTE G. BUNUAN, ETC., ET AL.

  • G.R. No. L-17566 July 30, 1965 - TEOTIMO BILLONES, ET AL v. COURT OF INDUSTRIAL RELATIONS, ET AL

  • G.R. No. L-18001 July 30, 1965 - REPUBLIC OF THE PHIL. v. AMPARO NABLE, ET AL.

  • G.R. No. L-18150 July 30, 1965 - SUPERIOR BALDOZ v. SERAPIA PAPA, ET AL.

  • G.R. No. L-18770 July 30, 1965 - PEOPLE OF THE PHIL. v. EUGENIO PASILAN

  • G.R. Nos. L-19067-68 July 30, 1965 - PEOPLE OF THE PHIL. v. EDILBERTO DE LOS SANTOS, ET AL.

  • G.R. No. L-19572 July 30, 1965 - DIONISIO B. GALLARDE v. CESAR S. MORAN, ET AL

  • G.R. No. L-19574 July 30, 1965 - DONATO M. ATEL v. EMILIO LUMONTAD, JR., ET AL.

  • G.R. No. L-19783 July 30, 1965 - TECLA GARCIA v. COURT OF APPEALS, ET AL

  • G.R. No. L-19918 July 30, 1965 - VY TIAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20080 July 30, 1965 - DIEGO BACORDO v. JACINTO ALCANTARA, ET AL

  • G.R. No. L-20749 July 30, 1965 - ROBERTO S. OCA, ET AL. v. LAURO MAIQUEZ

  • G.R. No. L-20751 July 30, 1965 - DOMINGO REBULLO v. NARCISO PALO, ET AL.

  • G.R. No. L-20838 July 30, 1965 - NATIONAL SHIPYARDS & STEEL CORP. v. COURT OF INDUSTRIAL RELATIONS, ET AL

  • G.R. No. L-20091 July 30, 1965 - PERPETUA ABUAN, ET AL v. EUSTAQUIO S. GARCIA, ET AL.

  • G.R. No. L-20230 July 30, 1965 - SHELL CO. OF THE PHIL., ET AL v. COMPANIA GENERAL DE TABACOS DE FILIPINAS, ET AL

  • G.R. No. L-20236 July 30, 1965 - PHILIPPINE NATIONAL BANK v. JOAQUIN BONDOC

  • G.R. No. L-20287 July 30, 1965 - CELESTINO TAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20567 July 30, 1965 - PNB v. MANILA SURETY & FIDELITY CO., INC., ET AL

  • G.R. No. L-20862 July 30, 1965 - FREE EMPLOYEES & WORKERS ASSO. v. COURT OF INDUSTRIAL RELATIONS, ET AL

  • G.R. No. L-20876 July 30, 1965 - FRANCISCO JAMAGO, I.D. CHAN, ET AL v. ABUNDIO Z. ARRIETA, ET AL

  • G.R. No. L-21451 July 30, 1965 - DOMINADOR T. ALMEDA, ET AL v. CONCEPCION A. RUBIO, ET AL

  • G.R. No. L-21016 July 30, 1965 - BCI EMPLOYEES & WORKERS UNION v. PIO MARCOS, ET AL

  • G.R. No. L-21472 July 30, 1965 - DOLORES C. VDA. DE GIL v. AGUSTIN CANCIO

  • G.R. No. L-24224 July 30, 1965 - MALAYANG MANGGAGAWA SA ESSO, ET AL v. ESSO STANDARD EASTERN, INC., ET AL

  • G.R. No. L-24438 July 30, 1965 - ROSAURO PARAGAS v. FERNANDO A. CRUZ, ET AL

  • G.R. No. L-17315 July 31, 1965 - OLYMPIA BALTAZAR v. SERGIO SERFINO

  • G.R. No. L-18301 July 31, 1965 - ADRIANO ANTONIO v. BENJAMIN JALANDONI, ET AL

  • G.R. No. L-19399 July 31, 1965 - RUFINO COLOMA, ET AL v. ATANACIO COLOMA, ET AL

  • G.R. No. L-19865 July 31, 1965 - MARIA CARLA PIROVANO, ETC., ET AL. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-19885 July 31, 1965 - PEDRO CRISOLOGO, ET AL v. ALFREDO L. DURAL

  • G.R. No. L-20796 July 31, 1965 - IMPERIAL INSURANCE, INC. v. PELAGIO B. SIMON

  • G.R. No. L-20808 July 31, 1965 - PEOPLE OF THE PHIL. v. BRAULIO DE VENECIA

  • G.R. No. L-23628 July 31, 1965 - FELICISIMA B. SALOMON v. JOSE M. MENDOZA, ET AL