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[ G.R. No. 137422. March 8, 1999]

SPI TECHNOLOGIES, INC. vs. DOLE, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 8, 1999.

G.R. No. 137422 (SPI Technologies, Inc. vs. Department of Labor and Employment, Undersecretary Rosalinda Dimapilis-Baldeoz, SPI Technologies, Inc. Labor Unions.)

Petitioner assails the resolution of the Department of Labor and Employment reversing the decision of the med-arbiter, thus, ruling that private respondent labor union is not barred from filing a petition for certification election notwithstanding its violation of Article 245 of the Labor Code which prohibits a labor union to be comprised of supervisory and rank and file employees.

The present controversy stemmed from a petition for certification filed by private respondent labor union which petitioner opposed, alleging that private respondent is not a legitimate labor organization as it represents both supervisory and rank and file employees, and submitting the names of 19 alleged supervisory employees.

The med-arbiter ruled in favor of petitioner, dismissing the petition for certification election on the ground that petitioner has not attained the status of legitimate labor organization.

On appeal, the Department of Labor and Employment reversed and ordered that the certification election be conducted but excluding the supervisory employees from the bargaining unit and from participation in the certification election considering that there were only 15 of them as against more than 300 rank and file employees who wish to have the conduct of certification election.

Displeased, petitioner filed the instant petition which the Court finds unavailing.

The record shows that private respondent is a legitimate labor organization having been issued a certificate of registration. Under prevailing rules, once a union acquires legitimate status as a labor organization, it continues as such until its certificate of registration is cancelled or revoked in an independent action for cancellation.

It is worth noting too that Article 245 of the Labor Code relied upon by petitioner merely prescribes the requirements for eligibility in joining a union and does not prescribe the grounds for the cancellation of union registration. Section 5, Rule V of the New Rules Implementing Book V of the Labor Code provides:

Section 5. Effect of registration.- The labor organization or workers' association shall be deemed registered as vested with legal personality on the date of issuance of its certificate of registration. Such legal personality cannot thereafter be subject to collateral attack, but may be questioned only in an independent petition for certification election.

In the absence of any independent petition for cancellation of registration filed against private respondent labor union, it continues to be possessed with legal personality of a legitimate labor organization. Thus, this Court finds no abuse, much less grave abuse of discretion, committed by the Department of Labor and Employment in ordering the conduct of certification election, the same being in harmony with the fundamental right to self organization and bargaining representation.

WHEREFORE, petition is dismissed.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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