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TIP
WORKERS UNION - NATU,
G. R. No. L-35067
October 31, 1972
-versus-
TOBACCO
INDUSTRIES OF THE PHILIPPINES, INC.
FERNANDO, J.:
Petitioners, on
May 12, 1972, in this proceeding
for the review of the Decision by the then Judge Arsenio I. Martinez of
respondent Court of Industrial Relations dated January 1, 1972,
thereafter
affirmed by the Court en banc, absolving respondent Tobacco
Industries
of the Philippines, Inc. from a charge of unfair labor practice,
consisting
of the dismissal of individual petitioners without notice and hearing
allegedly
by virtue of a maintenance of membership clause in the Collective
Bargaining
Agreement, challenged the validity of such a Decision in the light of
what
it considered applicable decisions announced by this Court. It likewise
raised as a second legal question the effect of a memorandum agreement
subsequently entered into, which in its view amounted to a condonation
of a strike that was declared illegal by respondent Court. The petition
was filed with this Court on May 12, 1972, but it was not until June 8,
1972 that it was given due course and respondents required to answer.
In
the meanwhile, however, they were given the opportunity to comment.
Both
answers were subsequently filed, the respondent Court did so on July
29,
1972 and respondent Tobacco Industries of the Philippines, Inc. on
August
3, 1972.
Before the brief for the petitioners could be filed, there was a joint motion to dismiss appeal dated September 28, 1972. It reads thus: "[Come now] both parties and assisted by their respective counsels and to the Honorable Court most respectfully pray for the dismissal of the appeal of the petitioners from the Decision of the Court of Industrial Relations dated January 21, 1972 and allege:
2. That this request of the parties seeking the dismissal of the appeal undertaken by the petitioners from the decision of the Court of Industrial Relations dated January 21, 1972, is sanctioned by Section 4, Rule 50, of the New Rules of Court; [Wherefore], it is most respectfully prayed of the Honorable Court to dismiss the petitioners' appeal in accordance with Section 4, Rule 50 of the New Rules of Court."[1] Both parties
were duly represented by counsel, the
petitioner union by Atty. Marcelino Lontok, Jr. and respondent Tobacco
Industries of the Philippines, Inc. by Atty. Agapito S. Mendoza.
WHEREFORE, as prayed for, let the case be dismissed for being moot and academic. Without costs. Concepcion, C.J.,
Zaldivar, Castro, Teehankee,
Makalintal, J.,
is on leave.
____________________________________
[1] Motion to Dismiss Appeal, September 28, 1972. |
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