Case Digest (G.R. No. 140150)
Facts:
- The case involves the Association of Integrated Security Force of Bislig (AISFB-ALU) as the petitioner and the Court of Appeals and Paper Industries Corporation of the Philippines (PICOP) as the respondents.
- In 1990, security guards employed by PICOP formed a labor union, AISFB-ALU, which was registered with the Department of Labor and Employment (DOLE).
- A certification election on May 4, 1990, resulted in ALU-TUCP being declared the exclusive bargaining agent for the security guards.
- On April 1, 1991, the Philippine Constabulary Civil Security Force Command advised PICOP to cease using its Company Guard Force due to the expiration of its operating license.
- PICOP issued a memo on April 4, 1991, instructing security personnel to continue their duties until further notice.
- On April 6, 1991, security guards received termination notices effective May 7, 1991, citing closure due to non-renewal of the operating license, which expired on March 31, 1991.
- PICOP faced difficulties in renewing the license due to missing firearms and suspicions of rebel sympathies among some security personnel.
- Security guards filed a notice of strike on April 8, 1991, but did not proceed due to fears of violence; many accepted closure and received separation benefits.
- The labor dispute was certified to the National Labor Relations Commission (NLRC) for compulsory arbitration, which ruled in favor of PICOP.
- The Court of Appeals affirmed the NLRC's decision on July 20, 1999, leading the petitioner to file a certiorari petition before the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the petition for lack of merit, affirming the decisions of the NLRC and the Court of Appeals.
- The closure of PICOP's security force and...(Unlock)
Ratio:
- The Supreme Court stated that the remedy for reversing or modifying a judgment on the merits is through appeal, and the petitioner did not file a motion for reconsideration, which is necessary for a certiorari petition.
- Certiorari is not a substitute for a lost appeal.
- The NLRC's ...continue reading
Case Digest (G.R. No. 140150)
Facts:
The case involves the Association of Integrated Security Force of Bislig (AISFB-ALU) as the petitioner and the Court of Appeals and Paper Industries Corporation of the Philippines (PICOP) as the respondents. The events leading to the case began in 1990 when the security guards employed by PICOP formed a labor union, AISFB-ALU, which was duly registered with the Department of Labor and Employment (DOLE). On May 4, 1990, a certification election was held, resulting in the ALU-TUCP being declared the exclusive bargaining agent for the security guards. However, on April 1, 1991, the Philippine Constabulary Civil Security Force Command advised PICOP to cease using its Company Guard Force due to the expiration of its license to operate. Following this directive, PICOP sent a memo to its security personnel on April 4, 1991, instructing them to continue their duties until further notice. However, on April 6, 1991, the security guards received termination notices effective May 7, 1991, citing the closure of the security force due to the non-renewal of its operating license. The license had expired on March 31, 1991, and PICOP had encountered difficulties in renewing it, particularly regarding missing firearms and suspicions of rebel sympathies among some security personnel.
On April 8, 1991, the security guards filed a notice of strike, but they did not proceed with it due to fears of potential violence. Despite this, many guards accepted the closure and received their separation benefits, while others sought re-employment in diff...