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[ G.R. No. 136730. June 30, 1999]

PAGKAKAISA NG MANGGAGAWA SA JAM SHUTTLE SEVICES, INC. vs. JAM SHUTTLE SERVICES, INC., et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information is a resolution of this Court dated JUN 28, 1999.

G.R. No. (Pagkakaisa ng Manggagawa sa Jam Shuttle Services, Ins., (PMJSSI-OLALIA) vs. Jam Shuttle Services, Inc./Laguna Shuttle Services, Inc.)

This is a petition for certiorari assailing the writ of injunction1 [Rollo, pp. 70-71.] issued by the Regional Trial Court, Bi�an, Laguna, in Civil Case No. B-5355 (Laguna Shuttle Services, Inc. v. Francisco Culaway, et al.),2 [Civil Case No. B-5355-Laguna Shuttle Service v. Francisco Culaway, Glen Joy Sarcia, Armando Tanes, Maximo de Ocampo, Cirio Caparas, Cesar Alipal, Edison Briones, Ernesto Tanes, Ferdinand Aquino, Madel Sac, Roy Corpuz, Alfredo Castillo, Danilo Cordova, Cesar Morfe, Ferdinand Guevarra, Danilo Onde, Certanio Anacieto, Avelino Fernando, Belfredo Contemplacion, Bienvenido Dayuta, Jr., Delfin Terrones, Dexter Bequillos, Jose Medrano, Diomedes Castillo, Edgardo Gonzales, emilio Caraon, Joselito Ludivice, Joselito Masilang, Juan de Guzman, Leandro G. Gonzales, Librado Cuadro, Manalo M. Onde, Mario Gimutao, Maximo Noche, Norberto Pandio, Pablo Villapando, Reynaldo Batid, Reynaldo Yambac, Rodel de Leon, Rogelio Canlas, Rommel Gabac, Welfredo dela Cruz, Rolando Lacson, Pablito Albin, Jesus Pacala, Medel Geronimo, Danilo Renes, Alberto Calimpon, Heling Rufino, Juvy de Luna, Ferdinand Ronald Yangat, Simplicio Quipit, Rolando Bornazal, Jr., Felicisimo Arandia and Roel Yangat.] dated November 24, 1998 restraining Francisco Culawa, et al. from forming a picket line, and/or human barricade along the entrance/exit passageway of Laguna Shuttle Services' terminal, and to peacefully allow the latter's shuttle service buses to effect entrance and/or exit at its terminal station until further orders from the court.

On July 10, 1998, PMJSSI-OLALIA union, healed by its president, Francisco Culaway, filed a notice of strike with the National Conciliation and Mediation Board against respondent Jam Shuttle Services. Inc. On October 19, 1998, the union staged a strike against Jam Shuttle Services, Inc.

On October 21, 1998, Laguna Shuttle Services, Inc. (hereinafter referred to as Laguna, for brevity) filed a complaint for damages with prayer for the issuance of writ of preliminary injunction and/or temporary restraining order with the Regional Trial Court, Branch 25, Bi�an, Laguna, against the individual officers and members of the union, led by Francisco Culaway. Plaintiff alleged that it has a juridical personality separate and distinct from Jam Shuttle Services. It averred that on October 19, 1998, defendants blocked and obstructed its entrance-exit passageways, thus preventing its drivers and conductors from servicing its clients and paralyzing its operations for the day. Defendants forcibly took plaintiff's four (4) buses and used them to block the passageways. Subsequently, defendants punctures and destroyed the tires of the buses.

On October 29, 1998, the lower court issued a temporary restraining order (TRO) effective twenty (20) days from notice to defendants, enjoining the latter from forming a picket line or human barricades along the entrance-exit passageways of plaintiff's terminals, ordering them to disperse any existing picket lines/barricades therefrom, and to peacefully allow plaintiff's shuttle buses to gain entry or exit from the establishment. On November 19, 1998, after conducting a hearing, the trial court ordered a writ of preliminary injunction. On October 29, 1998, defendants filed a motion to dismiss grounded on lack of jurisdiction. However, this was denied. On November 24, 1998, the trial court issued the writ of preliminary injunction effective immediately until further orders from the court.

On January 5, 1999, union PMJSSI-OLALIA filed with the Supreme Court this petition for certiorari with prayer for the issuance of restraining order against Jam Shuttle Services, Inc. and Laguna, assailing the writ of injunction issued by the trial court.

Petitioner union alleges that Laguna is being used as a run-away shop of Jam Shuttle Services by repainting and changing the names of the buses. Both corporations, while separately registered with the SEC, are owned and controlled by one family, with Homer Mercado as the controlling majority stockholder. It rationalizes that there is enough reason to pierce the corporate veils and regard the two corporations as one. Petitioner avers that Laguna, as a run-away shop, is used to circumvent or minimize the adverse effects of the strike. Thus, Laguna's terminals are considered part of the strike premises.

In its comment dated March 26, 1999, Laguna contends that petitioner union has no personality to file the present petition, not being a party to Civil Case No, B-5355. The writ of injunction was issued against the officers and members of the union, in their individual capacities, and not against the union.

We dismiss the petition.

We agree with respondent Laguna that PMJSSI union has no personality to file the instant petition, not being a party to Civil Case No. B-5355. The registered labor union has a separate juridical personality from the individual members thereof. The union was not impleaded in the complaint for damages filed against Francisco Culaway, et al. or was ever included in subsequent pleadings filed by the parties. Thus, it has no standing to assail the injunction order issued by the trial court.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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