[ G.R. No. 119467. July 19, 2000]

SAMAHAN NG MANGGAGAWA SA MOLDEX PRODUCTS, INC., et al., vs. NLRC, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 19, 2000.

G.R. No. 119467 (Samahan Ng Manggagawa sa Moldex Products, Inc., Alegria Aquino and 62 others as Appearing in Annex "A" vs. National Labor Relations Commission, Labor Arbiter Edgardo Madriaga, Moldex Products, Inc. and Mr. Jacinto Uy.)

At bar is petitioner's Motion for reconsideration of the Decision promulgated in this case on February 1, 2000, the decretal portion of which reads:

"WHEREFORE, the assailed resolutions, dated November 29, 1994 and January 30, 1995, respectively, of the Second Division of the National Labor Relations Commission in NLRC NCR CA No. 6622-94 are SET ASIDE; and the strike staged by petitioners, declared ILLEGAL, with the FORFEITURE of the employment status by petitioners, Peter Nulado, David Pastor, Alejandro Cabatingan, Cipriano Selerio, Wilfredo Uy, Jose Matining, Clemente Ramos, Rico Subion,Maximo Villaverde, Generoso Calalo, Peter Lito Semillano, Stephen Landong, Henry Calero, Nestor Obado, Igmedio Espesor, Eduardo Pastoril, Ronaldo Nerbiol, Nestor Samantilla, Arcesio Barcelona, Celso Rodriguez, A. Mararac, W. Guzman, R. Corpus, N. Flores, E. Rambaoa, O. Martinez, J. Casim, S. Bergonia, L. Aquino, M. Munoz, M. Legaspi, A. Ebrado, E. Caballero, J. Aguilar, B. Blace, P. Candado, C, Burato, V. dela Pena, L. Gaurino, J. Pacaldo, L. Daleon, G. Francisco, E. Blace, M. Jacobo, L. Dumaguin, J. Lumaban, F. Mendoza, R. Cannes, R. Dumlao, J. Siccuan, L. Dumlao, L. Mararac, A. Labitan, D. Laguit, C. Villaviza, E. Viray, W. Dimailig, R. Ang, B. Llanos, F. Basilan, M. Tugadi and L. Villanueva UPHELD. No pronouncement as to cost."

Petitioners assert that five of them - Nestor Samantilla, J. Aguilar, P. Candado, M. Jacobo, R. Cannes (should be "R. Canones") - were taken back by the private respondents immediately after the filing of the petition to declare the strike staged by petitioners as illegal. Petitioners claim that the act of the private respondent in taking them (petitioners) back to work constituted a waiver or abandonment of private respondents' right to dismiss petitioners for staging the illegal strike in question. Since private respondents have abandoned or waived their right to dismiss petitioners, the same rule should apply to all the striking employees, and not only to the five petitioners herein; otherwise, there would be undue discrimination.

Petitioners erred in belatedly raising the issue of abandonment or waiver of private respondents' right to dismiss, which issue was taken up during the trial and therefore, cannot be raised for the first time on appeal.1 Heirs of Pascasio Uriarte vs. Court of Appeals, 284 SCRA 511, 517; Labor Congress of the Philippines vs. National Labor Relations Commission, 292 SCRA 468, 477. Petitioners should have raised said issue before the Labor Arbiter and the National Labor Relations Commission (NLRC) so as to afford private respondents an opportunity to address the same. Having failed to do so, petitioners cannot now raise such a new issue for the first time on appeal.

IN VIEW OF THE FOREGOING, the Motion for Reconsideration under consideration is hereby DENIED for lack of merit.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court


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