G.R. No. L-26959 - Co vs. Commission on Elections

Metro Cebu Community Hospital, Inc. (MCCHI), now Visayas Community Medical Center (VCMC), operates a hospital in Cebu City and is owned by the United Church of Christ in the Philippines (UCCP).
The National Federation of Labor (NFL) is the exclusive bargaining representative of MCCHI’s rank-and-file employees, represented locally by a union chapter.
Collective Bargaining Agreements (CBAs) were executed in 1987, 1991, and 1994 between MCCHI and NFL/local union representatives.

In December 1995, Perla Nava and a group representing the Nagkahiusang Mamumuo sa Metro Cebu Community Hospital (NAMA-MCCH-NFL) sought to negotiate a new CBA directly with MCCHI, submitting proposals signed by 153 union members.
MCCHI declined to negotiate with NAMA-MCCH-NFL without the endorsement of the NFL, the recognized bargaining agent.
NFL’s counsel, Atty. Armando Alforque, disavowed any authorization of NAMA-MCCH-NFL’s actions and suspended several members associated with it for disloyalty and violation of federation rules.

MCCHI granted one-day union leave for some members upon NFL’s request in February 1996.
On February 27, 1996, Nava’s group initiated mass actions including wearing protest armbands, marching, and putting up placards alleging refusal to bargain.
NFL disowned these activities, MCCHI placed union officers under preventive suspension, and sought written explanations for the conduct.
The group claimed no stoppage of work had occurred, invoking grievance procedures.
The Department of Labor and Employment (DOLE) did not recognize NAMA-MCCH-NFL as a registered labor organization.

NAMA-MCCH-NFL filed a notice of strike on March 13, 1996, deemed invalid for lack of legal personality.
Despite denials and warnings, the group held a strike vote on April 2, 1996, and proceeded with mass picketing and protests for months.
Hospital operations were severely disrupted — ingress and egress were blocked, patients were turned away, and intimidation and harassment occurred against workers and patients.
City government intervened, ordering demolition of obstructions and declaring them a public nuisance.
The hospital filed for and obtained a permanent injunction to restrain the union leaders from illegal acts and blocking access.

MCCHI terminated union leaders and members involved in illegal strike and picketing activities in March and April 1996.
Employees filed complaints for illegal dismissal and unfair labor practice, which the Executive Labor Arbiter and NLRC mostly dismissed, declaring the strike illegal and termination valid, but initially awarding separation pay.
The Court of Appeals (CA) affirmed dismissals of union officers but modified the decision to grant separation pay to members who only participated in the strike, deleting attorney’s fees award.
Further appeals, motions for reconsideration, and petitions for certiorari followed, with some mixed rulings including orders for reinstatement with back wages for some dismissed employees.
Some petitioners entered into compromise agreements; others pursued appeals further to the Supreme Court.

Whether the Court of Appeals erred in dismissing the petition for certiorari for failure of all petitioners to sign the certification against forum shopping.
Whether Metro Cebu Community Hospital, Inc. (MCCHI) committed unfair labor practice by refusing to bargain collectively with NAMA-MCCH-NFL.
Whether the union officers’ and members’ termination was illegal dismissal.
Whether terminated employees who participated in the strike and illegal concerted activities are entitled to reinstatement, separation pay, back wages, damages, and attorney’s fees.