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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

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    G.R. No. 131374   January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 131374. January 26, 2000.]

    ABBOTT LABORATORIES PHILIPPINES, INC., Petitioner, v. ABBOTT LABORATORIES EMPLOYEES UNION, MR. CRESENCIANO TRAJANO, in his capacity as Acting Secretary of The Department of Labor and Employment and MR. BENEDICTO ERNESTO BITONIO, JR., in his capacity as Director IV of the Bureau of Labor Relations, Respondents.

    D E C I S I O N


    DAVIDE, JR., C.J.:


    This special civil action for certiorari and mandamus assails the action of the then Acting Secretary of Labor and Employment Cresenciano. B. Trajano contained in its letter dated 19 September 1997, 1 informing petitioner Abbott Laboratories Philippines, Inc. (hereafter ABBOTT), thru its counsel that the Office of the Secretary of Labor cannot act on ABBOTT’s appeal from the decision of 31 March 1997 2 and the Order of 9 July 1997 3 of the Bureau of Labor Relations, for lack of appellate jurisdiction.chanrobles virtual lawlibrary

    ABBOTT is a corporation engaged in the manufacture and distribution of pharmaceutical drugs. On 22 February 1996, 4 the Abbott Laboratories Employees Union (hereafter ALEU) represented by its president, Alvin B. Buerano, filed an application for union registration in the Department of Labor and Employment. ALEU alleged in the application that it is a labor organization with members consisting of 30 rank-and-file employees in the manufacturing unit of ABBOTT and that there was no certified bargaining agent in the unit it sought to represent, namely, the manufacturing unit.

    On 28 February 1996, 5 ALEU’s application was approved by the Bureau of Labor Relations, which in due course issued Certificate of Registration No. NCR-UR-2-1638-96. Consequently, ALEU became a legitimate labor organization.

    On 2 April 1996, 6 ABBOTT filed a petition for cancellation of the Certificate of Registration No. NCR-UR-2-1638-96 in the Regional Office of the Bureau of Labor Relations. This case was docketed as Case No. OD-M-9604-006. ABBOTT assailed the certificate of registration since ALEU’s application was not signed by at least 20% of the total 286 rank-and-file employees of the entire employer unit; and that it omitted to submit copies of its books of account.

    On 21 June 1996, 7 the Regional Director of the Bureau of Labor Relations decreed the cancellation of ALEU’s registration certificate No. NCR-UR-II-1585-95. 8 In its decision, the Regional Director adopted the 13 June 1996 9 findings and recommendations of the Med-Arbiter. It ruled that the union has failed to show that the rank-and-file employees in the manufacturing unit of ABBOTT were bound by a common interest to justify the formation of a bargaining unit separate from those belonging to the sales and office staff units. There was, therefore, sufficient reason to assume that the entire membership of the rank-and-file consisting of 286 employees or the "employer unit" make up the appropriate bargaining unit. However, it was clear on the record that the union’s application for registration was supported by 30 signatures of its members or barely constituting 10% of the entire rank-and-file employees of ABBOTT. Thus the Regional Director found that for ALEU’s failure to satisfy the requirements of union registration under Article 234 of the Labor Code; the cancellation of its certificate of registration was in order.

    Forthwith, on 19 August 11996, 10 ALEU appealed said cancellation to the Office of the Secretary of Labor and Employment, which referred the same to the Director of the Bureau of Labor Relations. The said appeal was docketed as Case No. BLR-A-10-25-96.

    On 31 March 1997, 11 the Bureau of Labor Relations rendered judgment reversing the 21 June 1996 decision of the Regional Director, thus:chanrob1es virtual 1aw library

    WHEREFORE, the appeal is GRANTED and the decision of the Regional Director dated 21 June 1996 is hereby REVERSED. Abbott Laboratories Employees Union shall remain in the roster of legitimate labor organizations, with all the rights, privileges and obligations appurtenant thereto. 12

    It gave the following reasons to justify the reversal: (1) Article 234 of the Labor Code does not require an applicant union to show proof of the "desirability of more than one bargaining unit within an employer unit," and the absence of such proof is not a ground for the cancellation of a union’s registration pursuant to Article 239 of Book V, Rule II of the implementing rules of the Labor Code; (2) the issue pertaining to the appropriateness of a bargaining unit cannot be raised in a cancellation proceeding but may be threshed out in the exclusion-inclusion process during a certification election; and (3) the "one-bargaining unit, one-employer unit policy" must not be interpreted in a manner that shall derogate the right of the employees to self-organization and freedom of association as guaranteed by Article III, Section 8 of the 1987 Constitution and Article II of the International Labor Organization’s Convention No. 87.

    Its motion to reconsider the 31 March 1997 decision of the Bureau of Labor Relations having been denied for lack of merit in the Order 13 of 9 July 1997, ABBOTT appealed to the Secretary of Labor and Employment. However, in its letter dated 19 September 1997, 14 addressed to ABBOTT’s counsel, the Secretary of Labor and Employment refused to act on ABBOTT’s appeal on the ground that it has no jurisdiction to review the decision of the Bureau of Labor Relations on appeals in cancellation cases emanating from the Regional Offices. The decision of the Bureau of Labor Relations therein is final and executory under Section 4, Rule III, Book V of the Rules and Regulations Implementing the Labor Code, as amended by Department Order No. 09, s. of 1997. Finally, the Secretary stated:chanrob1es virtual 1aw library

    It has always been the policy of this Office that pleadings denominated as appeal thereto over decisions of the BLR in cancellation cases coming from the Regional Offices are referred back to the BLR, so that the same may be treated as motions for reconsideration and disposed of accordingly. However, since your office has already filed a motion for reconsideration with the BLR which has been denied in its Order dated 09 July 1997, your recourse should have been a special civil action for certiorari with the Supreme Court.

    In view of the foregoing, please be informed that the Office of the Secretary cannot act upon your Appeal, except to cause the BLR to include it in the records of the case.

    Hence, this petition. ABBOTT premised its argument on the authority of the Secretary of Labor and Employment to review the decision of the Bureau of Labor Relations and at the same time raised the issue on the validity of ALEU’s certificate of registration.

    We find no merit in this petition.

    At the outset, it is worthy to note that the present petition assails only the letter of the then Secretary of Labor & Employment refusing to take cognizance of ABBOTT’s appeal for lack of appellate jurisdiction. Hence, in the resolution of the present petition, it is just appropriate to limit the issue on the power of the Secretary of Labor and Employment to review the decisions of the Bureau of Labor Relations rendered in the exercise of its appellate jurisdiction over decisions of the Regional Director in cases involving cancellations of certificates of registration of labor unions. The issue anent the validity of ALEU’s certificate of registration is subject of the Bureau of Labor Relations decision dated 31 March 1997. However, said decision is not being assailed in the present petition; hence, we are not at liberty to review the same.

    Contrary to ABBOTT’s contention, there has been no grave abuse of discretion on the part of the Secretary of Labor and Employment. Its refusal to take cognizance of ALEU’s appeal from the decision of the Bureau of Labor Relations is in accordance with the provisions of Rule VIII, Book V of the Omnibus Rules Implementing the Labor Code as amended by Department Order No. 09. 15 The rule governing petitions for cancellation of registration of any legitimate labor organization or worker association, as it now stands, provides:chanrob1es virtual 1aw library

    SECTION 1. Venue of Action. — If the respondent to the petition is a local/chapter, affiliate, or a workers’ association with operations limited to one region, the petition shall be filed with the Regional Office having jurisdiction over the place where the respondent principally operates. Petitions filed against federations, national or industry unions, trade union centers, or workers’ associations operating in more than one regional jurisdiction, shall be filed with the Bureau.

    SECTION 3. Cancellation of registration; nature and grounds. — Subject to the requirements of notice and due process, the registration of any legitimate labor organization or worker’s association may be cancelled by the Bureau or the Regional Office upon the filing of an independent petition for cancellation based on any of the following grounds:chanroblesvirtuallawlibrary

    (a) Failure to comply with any of the requirements prescribed under Articles 234, 237 and 238 of the Code;

    (b) Violation of any of the provisions of Article 239 of the Code;

    (c) Commission of any of the acts enumerated under Article 241 of the Code; provided, that no petition for cancellation based on this ground may be granted unless supported by at least thirty percent (30%) of all the members of the respondent labor organization or workers’ association.

    SECTION 4. Action on the petition; appeals. — The Regional or Bureau Director, as the case may be, shall have thirty (30) days from submission of the case for resolution within which to resolve the petition. The decision of the Regional or Bureau Director may be appealed to the Bureau or the Secretary, as the case may be, within ten (10) days from receipt thereof by the aggrieved party on the ground of grave abuse of discretion or any violation of these Rules.

    The Bureau or the Secretary shall have fifteen (15) days from receipt of the records of the case within which to decide the appeal. The decision of the Bureau or the Secretary shall be final and executory.

    Clearly, the Secretary of Labor and Employment has no jurisdiction to entertain the appeal of ABBOTT. The appellate jurisdiction of the Secretary .of Labor and Employment is limited only to a review of cancellation proceedings decided by the Bureau of Labor Relations in the exercise of its exclusive and original jurisdiction. The Secretary of Labor and Employment has no jurisdiction over decisions of the Bureau of Labor Relations rendered in the exercise of its appellate power to review the decision of the Regional Director in a petition to cancel the union’s certificate of registration, said decisions being final and inappealable. 16 We sustain the analysis and interpretation of the OSG on this matter, to wit:chanrob1es virtual 1aw library

    From the foregoing, the Office of the Secretary correctly maintained that it cannot take cognizance of petitioner’s appeal from the decision of BLR Director Bitonio. Sections 7 to 9 17 (of the Implementing Rules of the Labor Code) thus provide for two situations:chanrob1es virtual 1aw library

    (1) The first situation involves a petition for cancellation of union registration which is filed with a Regional Office. A decision of a Regional Office cancelling a union’s certificate of registration may be appealed to the BLR whose decision on the matter shall be final and inappeasable.

    (2) The second situation involves a petition for cancellation of certificate of union registration which is filed directly with the BLR. A decision of the BLR cancelling a union’s certificate of registration may be appealed to the Secretary of Labor whose decision on the matter shall be final and inappeasable.

    Respondent Acting Labor Secretary’s ruling — that the BLUrs decision upholding the validity of respondent union’s certificate of registration is final and inappeasable — is thus in accordance with aforequoted Omnibus Rules because the petition for cancellation of union registration was filed by petitioner with a Regional Office, specifically, with the Regional Office of the BLR, National Capital Region (vide pp. 1-2, Annex 2, Petition). The cancellation proceedings initiated by petitioner before the Regional Office is covered by the first situation contemplated by Sections 7 to 9 of the Omnibus Rules. Hence, an appeal from the decision of the Regional Office may be brought to the BLR whose decision on the matter is final and inappealable.

    In the instant case, upon the cancellation of respondent union’s registration by the Regional Office, respondent union incorrectly appealed said decision to the Office of the Secretary. Nevertheless, this situation was immediately rectified when the Office of the Secretary motu proprio referred the appeal to the BLR However, upon reversal by the BLR of the decision of the Regional Office cancelling registration, petitioner should have immediately elevated the BLR decision to the Supreme Court in a special civil action for certiorari under Rule 65 of the Rules of Court.

    Under Sections 3 and 4, Rule VIII of Book V of the Rules and Regulations implementing the Labor Code, as amended by Department Order No. 09, petitions for cancellation of union registration may be filed with a Regional office, or directly, with the Bureau of Labor Relations. Appeals from the decision of a Regional Director may be filed with the BLR Director whose decision shall be final and executory. On the other hand, appeals from the decisions of the BLR may be filed with the Secretary of Labor whose decision shall be final and executory.

    Thus, under Sections 7 to 9 of the Omnibus Rules and under Sections 3 and 4 of the Implementing Rules (as amended by Department Order No. 09), the finality of the BLR decision is dependent on whether or not the petition for cancellation was filed with the BLR directly. Under said Rules, if the petition for cancellation is directly filed with the BLR, its decision cancelling union registration is not yet final and executory as it may still be appealed to the Office of the Secretary. However, if the petition for cancellation was filed with the Regional Office, the decision of the BLR resolving an appeal of the decision of said Regional Office is final and executory. 18

    It is clear then that the Secretary of Labor and Employment did not commit grave abuse of discretion in not acting on ABBOTT’s appeal. The decisions of the Bureau of Labor Relations on cases brought before it on appeal from the Regional Director are final and executory. Hence, the remedy of the aggrieved party is to seasonably avail of the special civil action of certiorari under Rule 65 of the Rules of Court. 19

    Even if we relaxed the rule and consider the present petition as a petition for certiorari not only of the letter of the Secretary of Labor and Employment but also of the decision of the Bureau of the Labor Relations which overruled the order of cancellation of ALEU’s certificate of registration, the same would still be dismissable for being time-barred. Under Sec. 4 of Rule 65 of the 1997 Revised Rules of Court the special civil action for certiorari should be instituted within a period of sixty (60) days from notice of the judgment, order or resolution sought to be assailed. ABBOTT received the decision of the Bureau of Labor Relations on 14 April 1997 and the order denying its motion for reconsideration of the said decision on 16 July 1997. The present petition was only filed on 28 November 1997, after the laps of more than four months. Thus, for failure to avail of the correct remedy within the period provided by law, the decision of the Bureau of Labor Relations has become final and executory.chanrobles virtuallawlibrary

    WHEREFORE, the Petition is DENIED. The challenged order in BLR-A-10-25-96 of the Secretary of Labor and Employment embodied in its 19 September letter is hereby AFFIRMED.

    SO ORDERED.

    Puno, Kapunan, Pardo and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Annex "1" of Petition; Rollo, 39; Original Record, vol. I (hereafter I OR), 344.

    2. Annex "2" of Petition; Ibid., 40-50; Ibid., 235-225.

    3. Annex "3" of Petition; Id, 51-53; Id, 337-335.

    4. I OR, 56-51.

    5. 31 March 1997 Decision in BLR-A 10-25-96, Rollo, 40.

    6. Id, 69-59.

    7. I OR, 131-123. Per Regional Director Romeo A. Young.

    8. What was actually sought to be cancelled was Registration Certificate No. NCR-UR-2-1638-96. Apparently, the Regional Director in NCR-OD-M-9604-006 unwittingly erred in ordering the cancellation of Registration Certificate No. NCR-UR-11-1585-95 since this refer to the certificate of registration issued to ALEU on 4 November 1995 which later became the subject matter of Case No. NCR-OD-M-9512-038 entitled "Ma. Luisa Mariazeta, Et. Al. v. Abbott Laboratories (Phils.) Employees Union." The Registration Certificate No. NCR-UR-11-1585-95 was cancelled in view of the decision dated 28 February 1996 of the Bureau of Labor Relations, which became final since the ALEU did not appeal therefrom. See Petition for cancellation of union registration, I OR, 69-61.

    9. Id., 120-110. Per Med-Arbiter Renato D. Parungo.

    10. I OR, 198-177.

    11. Id., 235-225. Per Director Benedicto Ernesto R. Bitonio, Jr.

    12. Id., 225.

    13. I OR, 337-335.

    14. Id., 344.

    15. Department Order No. 09 Series of 1997, which took effect on 21 June 1997, amends and renumbers numerous provisions of Book V of the Rules Implementing the Labor Code.

    16. Even under the old rule, decisions of the Bureau of Labor Relations and the Secretary are final and inappealable. Section 9, Rule II, Book V of the Omnibus Rule provides that: The labor organization may, unless the law provides otherwise, within fifteen (15) calendar days from receipt of the decision cancelling or revoking its certificate of registration, file an appeal to the Bureau, or in case of cancellation by the Bureau, to the Secretary, on any of the following grounds:chanrob1es virtual 1aw library

    a) grave abuse of discretion; and

    b) gross incompetence.

    The Bureau/Secretary shall have fifteen (15) calendar days from receipt of the records of the case within which to decide the appeal. The decision shall be final and inappealable.

    17. Now Rule VIII, Implementing Rules of Book V, specifically sections 1, 3 and 4.

    18. Rollo, 144-146; 279-281.

    19. Bordeos, Et. Al. v. NLRC, Et Al., 262 SCRA 424 (1996); See also St. Martin Funeral Homes v. NLRC, Et Al., 295 SCRA 494 (1998)

    G.R. No. 131374   January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.


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