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[G.R. No. 142000. October 13, 2003]

vs. TAGAYTAY HIGHLANDS EMPLOYEES

Gentlemen:

Quoted hereunder, for your Information, is a resolution of this Court dated OCT 13 2003.

G.R. No. 142000 (Tagaytay Highlands International Golf Club Incorporated vs. Tagaytay Highlands Employees Union-PTGWO.)

In its Motion for Reconsideration of this Court's January 22, 2003 decision, petitioner Tagaytay Highlands International Golf Club Incorporated (THIGCI) insists that contrary to the ruling of this Court, respondent Tagaytay Highlands Employees Union (THEU)-Philippine Transport and General Workers Organization (PTGWO), Local Chapter No. 776, does not have legitimate personality because it failed to submit the list of workers who participated in the organizational meeting and its duly certified books of accounts financial reports.

Discussing these grounds-bases of lack of legitimacy of THEU-PTGWO is an exercise in futility. For THEU-PTGWO's legal personality may not, as earlier stated in this Court's decision subject of the present motion, be collaterally assailed by filing an opposition to its petition for certification election. [1] cralaw

Suffice it to say that the list of workers who participated in the organizational meeting is no longer required under Section 1, Rule VI, Book V of the Omnibus Rules Implementing the Labor Code, as amended by Department Order No. 9, series of 1997, [2] cralaw for the creation of a local/chapter by a duly registered federation/union. [3] cralaw Just as the submission of books of accounts by a local/chapter is no longer required for it to be registered as a legitimate labor organization.

As can be gleaned from [Article 234 of the Labor Code], the Labor Code does not require the submission of books of account in order for a labor organization to be registered as a legitimate labor organization. The requirement that books of account be submitted as a requisite for registration can be found only in Book V of the Omnibus Rules Implementing the Labor Code, prior to its amendment by Department Order No. 9, Series of 1997. (Italics in the original) [4] cralaw

With respect to petitioner's belated argument that the existence of the June 28, 1999 Collective Bargaining Agreement (CBA) between THIGCI and Samahan ng Manggagawa sa Tagaytay Highlands (SMTH) precludes the holding of a certification election, records show that the petition for certification election was filed by THEU-PTGWO before the DOLE Regional Office IV on October 16, 1997, [5] cralaw while the CBA between THIGCI and SMTH was entered into on June 28, 1999, [6] cralaw effective June 1, 1999 until June 30, 2004, and registered with the DOLE Regional Office IV on September 27, 1999. [7] cralaw

In other words, the CBA with SMTH was entered into when the petition for certification election had already been filed and pending since October 16, 1997. Following then Section 18, Rule XI of the Omnibus Rules, as amended, the representation case shall not be adversely affected by a CBA registered before or during the last sixty (60) days of a subsisting agreement or during the pendency of the representation case. ^[8] cralaw

At all events, as Associated Trade Unions (ATU) v. Trajano, ^[9] cralaw which was reiterated in Oriental Tin Can Labor Union v. Secretary of Labor and Employment, ^[10] cralaw instructs, so as not to deprive the workers of the benefits of the CBA entered into by THIGCI and SMTH, that such CBA shall be recognized and given effect on a temporary basis, subject to the results of the certification election. The agreement may of course remain in force if SMTH is certified as the exclusive bargaining representative of the workers or may be rejected and replaced in the event that THEU-PTGWO emerges as the winner.

WHEREFORE, petitioner's Motion for Reconsideration of this Court's Decision of January 22, 2003 is hereby DENIED.

Let the records of the case be remanded to the office of origin, the Mediation-Arbitration Unit, Regional Branch No. IV, for the immediate conduct of a certification election subject to the usual pre-election conference.

Very truly yours,

(Sgd.)JULIETA Y. CARREON
Clerk of Court

Endnotes:

^[1] cralaw Note that Section 8, Rule IV of Dept. Order No. 40-03, "Amending the Implementing Rules of Book V of the Labor Code of the Philippines," now provides: "The labor union or workers' association shall be deemed registered and vested with legal personality on the date of issuance of its certificate of registration or certificate of creation of chartered local. Such legal personality may be questioned only through an independent petition for cancellation of union registration in accordance with Rule XIV of these Rules, and not by way of collateral attack in petition for certification election proceedings under Rule VIII."

^[2] cralaw DOLE Department Order No. 40-03, "Amending the Implementing Rules of Book V of the Labor Code of the Philippines," was approved on February 17, 2003. Rule XXVI, Section 1 provides, "All applications, petitions, complaints, cases or incidents commenced or filed prior to the effectivity of these amendatory Rules shall be governed by the old rules as amended by Department Order No. 9, series of 1997."

^[3] cralaw Vide Section 3, Rule VI, Book V of said Omnibus Rules.

^[4] cralaw Pagpalain Haulers, Inc. v. Trajano, et al., GR No. 133216, July 15, 1999, 310 SCRA 354, 358-359.

^[5] cralaw CA Rollo, pp. 31-33.

^[6] cralaw Records, pp. 561-583.

^[7] cralaw Id., p. 584.

^[8] cralaw Samahan ng Manggagawa sa Pacific Plastic v. Laguesma, G.R. No. 111245, January31, 1997.

^[9] cralaw Associated Trade Unions (ATU) v. Trajano, G.R. No. L-75321, June 20, 1988, 162 SCRA 318, 324.

^[10] cralaw Oriental Tin Can Labor Union v. Secretary of Labor and Employment, G.R. Nos. 116751 and 116779, August 28, 1998, 294 SCRA 640, 656-657.

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