December 2009 - Philippine Supreme Court Resolutions
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[G.R. No. 170376 : December 09, 2009] OFFICERS AND MEMBERS OF THE BOARD OF DIRECTORS OF THE MAKATI MEDICAL CENTER EMPLOYEES ASSOCIATION-ALLIANCE OF FILIPINO WORKERS V. MARS TANSIO, NIDA LINGAO, MYRNA DELOS SANTOS, BONIFACIO TOBIAS, ANTONIO DE LEON, JR., EMMANUEL ALBERTO, RENATO CAMU AND JOSE HONORADA :
[G.R. No. 170376 : December 09, 2009]
OFFICERS AND MEMBERS OF THE BOARD OF DIRECTORS OF THE MAKATI MEDICAL CENTER EMPLOYEES ASSOCIATION-ALLIANCE OF FILIPINO WORKERS V. MARS TANSIO, NIDA LINGAO, MYRNA DELOS SANTOS, BONIFACIO TOBIAS, ANTONIO DE LEON, JR., EMMANUEL ALBERTO, RENATO CAMU AND JOSE HONORADA
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 09 December 2009:
G.R. No. 170376 (Officers and Members of the Board of Directors of the Makati Medical Center Employees Association-Alliance of Filipino Workers v. Mars Tansio, Nida Lingao, Myrna Delos Santos, Bonifacio Tobias, Antonio De Leon, Jr., Emmanuel Alberto, Renato Camu and Jose Honorada).-
This case is about the audit of a labor union's funds and the election of its officers.
The Facts and the Case
On October 24. 2003 respondents Mars Tansio, Nida Lingao, Myrna Delos Santos, Bonifacio Tobias, Antonio de Leon, Jr., Emmanuel Alberto, Renato Camu and Jose Honorada (Tansio, et al) filed a petition[1] for conduct of audit of union funds and election of officers of the Makati Medical Center Employees Association-Alliance of Filipino Workers (the Union) before the Department of Labor and Employment-National Capital Region (DOLE-NCR), docketed as NCR-OD-0310-010-LRD-A.
After some delays, occasioned by appeals from the DOLE-NCR's order for the audit of union funds and the order of election of its officers, the case eventually reached this Court.
The election of officers took place on October 8, 2004.[2] On October 6, 2008 the Union filed a "Manifestation and Motion,"[3] informing the Court that they have (1) rendered an accounting of the amount subject of the petition; (2) presented and explained the audit report to the members during the January 26, 2008 general membership meeting; and (3) its members have passed and approved General Membership Resolution No. 2008-0126B, accepting the audit report and explanation, and condoning the need for the officers to return the subject funds to the Union.
The Court required respondents Tansio, et al, to comment on the Manifestation and Motion.[4] On July 14, 2009 they complied,[5] stating that while they were not satisfied with the explanation and accounting of the union funds, they have no objection to the dismissal of the petition, considering that majority of the union membership appeared no longer interested in pursuing the proper audit of the subject funds.
In view of the foregoing, the Court GRANTS petitioner Union's motion and DISMISSES the petition.
WITNESS the Honorable Antonio T. Carpio, Chairperson, Honorable Conchita Carpio Morales (designated additional member per S.O. No. 807 in lieu of Bnon, J., on leave), Teresita J. Leonardo-De Castro (designated additional member per S.O. No. 776), Mariano C. Del Castillo and Roberto A. Abad, Members, Second Division, this 9th day of December, 2009.
G.R. No. 170376 (Officers and Members of the Board of Directors of the Makati Medical Center Employees Association-Alliance of Filipino Workers v. Mars Tansio, Nida Lingao, Myrna Delos Santos, Bonifacio Tobias, Antonio De Leon, Jr., Emmanuel Alberto, Renato Camu and Jose Honorada).-
This case is about the audit of a labor union's funds and the election of its officers.
The Facts and the Case
On October 24. 2003 respondents Mars Tansio, Nida Lingao, Myrna Delos Santos, Bonifacio Tobias, Antonio de Leon, Jr., Emmanuel Alberto, Renato Camu and Jose Honorada (Tansio, et al) filed a petition[1] for conduct of audit of union funds and election of officers of the Makati Medical Center Employees Association-Alliance of Filipino Workers (the Union) before the Department of Labor and Employment-National Capital Region (DOLE-NCR), docketed as NCR-OD-0310-010-LRD-A.
After some delays, occasioned by appeals from the DOLE-NCR's order for the audit of union funds and the order of election of its officers, the case eventually reached this Court.
The election of officers took place on October 8, 2004.[2] On October 6, 2008 the Union filed a "Manifestation and Motion,"[3] informing the Court that they have (1) rendered an accounting of the amount subject of the petition; (2) presented and explained the audit report to the members during the January 26, 2008 general membership meeting; and (3) its members have passed and approved General Membership Resolution No. 2008-0126B, accepting the audit report and explanation, and condoning the need for the officers to return the subject funds to the Union.
The Court required respondents Tansio, et al, to comment on the Manifestation and Motion.[4] On July 14, 2009 they complied,[5] stating that while they were not satisfied with the explanation and accounting of the union funds, they have no objection to the dismissal of the petition, considering that majority of the union membership appeared no longer interested in pursuing the proper audit of the subject funds.
In view of the foregoing, the Court GRANTS petitioner Union's motion and DISMISSES the petition.
WITNESS the Honorable Antonio T. Carpio, Chairperson, Honorable Conchita Carpio Morales (designated additional member per S.O. No. 807 in lieu of Bnon, J., on leave), Teresita J. Leonardo-De Castro (designated additional member per S.O. No. 776), Mariano C. Del Castillo and Roberto A. Abad, Members, Second Division, this 9th day of December, 2009.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Endnotes:
[1] Rollo, pp. 73-80.
[2] CA rollo, pp. 309-312.
[3] Rollo, pp. 748-757.
[4] Id. at 801.
[5] Id. at 802.
