Case Digest (G.R. No. L-26461)
Facts:
Associated Labor Union v. Judge Jose C. Borromeo, and Antonio Lua doing business under the name Cebu Home & Industrial Supply, G.R. No. L-26461. November 27, 1968, the Supreme Court En Banc, Concepcion, C.J., writing for the Court.Associated Labor Union (ALU) is a duly registered labor organization whose members included employees of Superior Gas and Equipment Company of Cebu, Inc. (SUGECO). ALU and SUGECO had a collective bargaining agreement effective January 1, 1965 to January 1, 1966, and negotiations for renewal began before that expiration. Late in February 1966 twelve SUGECO employees resigned from ALU; ALU demanded that SUGECO not allow those employees to report for work without ALU clearance, which SUGECO rejected, contending the contract had lapsed and that ALU no longer represented a majority. ALU accused SUGECO of bargaining in bad faith and threatened a strike and picketing at "any place where your business may be found."
ALU struck and picketed the SUGECO plant in Mandaue on March 4, 1966. On March 5, 1966 SUGECO filed Civil Case No. R-9221 in the Court of First Instance (CFI) of Cebu to enjoin picketing; Judge Amador E. Gomez issued an ex parte writ of preliminary injunction. On the same date ALU filed unfair labor practice charges with the Court of Industrial Relations (CIR); the CIR acting prosecutor filed a complaint April 29, 1966 (Case No. 400 UCP–Cebu). ALU moved for reconsideration of the CFI injunction; Judge Jose C. Borromeo (presiding, Branch IV) denied relief. ALU then sought certiorari and prohibition in the Supreme Court (Case L-25999) on May 9, 1966; the Supreme Court issued a preliminary injunction on May 16, 1966 and later (February 9, 1967) annulled the CFI writ in R-9221 and made the Supreme Court injunction permanent.
After the Supreme Court injunction ALU resumed picketing and began picketing the residence of SUGECO's general manager, Concepcion Y. Lua (Mrs. Lua), and the store of Cebu Home and Industrial Supply (Cebu Home) owned and managed by her husband Antonio Lua (Mr. Lua), which distributed SUGECO gas and related products. On June 21, 1966 Cebu Home and Mr. Lua filed Civil Case No. R-9414 in the CFI of Cebu to enjoin picketing and to recover damages; Judge Borromeo ordered ALU to show cause, and on June 30, 1966 issued a writ of preliminary injunction (conditioned on a P3,000 bond) restraining picketing at the store and the Lua residence and forbidding obstructive acts. On July 22, 1966 Judge Borromeo expanded the injunction to restrain interference with unloading, delivery and transportation of Cebu Home merchandise. ALU's motion to dismiss and motion for reconsideration were denied on July 25, 1966.
On August 26, 1966 ALU filed the present original action in the Supreme Court for certiorari and prohibition with preliminary injunction (G.R. No. L-26461), seeking to annul the writs of preliminary injunction issued June 30 and July 22, 1966 in CFI Case No. R-9414 and to restrain Judge Borromeo from further proceedings. ALU argued the CFI lacked jurisdiction because the dispute grew out of a labor dispute pending before the CIR (and was connected to the unfair labor practice case and the earlier Supreme Court injunction), and that the CFI had not observed the requirements of Section 9(f) and Section 9(d) of Republic Act No. 875...(Subscriber-Only)
Issues:
- Was the Court of First Instance of Cebu vested with jurisdiction to issue the writs of preliminary injunction in Case No. R-9414, or did exclusive jurisdiction lie with the Court of Industrial Relations because the matter grew out of a labor dispute?
- Were the writs of preliminary injunction issued on June 30 and July 22, 1966 in Case No. R-9414 valid under the requisites of Section 9(d) and Sec...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)