Case Digest (G.R. No. 162356)
Facts:
- Petition for cancellation of registration of NAMAWU Local 188-Dong Seung Workers Union filed by Dong Seung Incorporated.
- Grounds for petition: union's application for registration contained a certification that was not under oath and many members denounced the union for employing deceit in obtaining signatures.
- Department of Labor and Employment (DOLE) granted the petition and cancelled the union's registration.
- Bureau of Labor Relations (BLR) reversed the decision and allowed the union to remain registered, but required updated documents within 30 days.
- Petitioner appealed to the Court of Appeals (CA), but CA affirmed the BLR's decision.
- Petition for Review on Certiorari filed with the Supreme Court.
Issue:
- (Unlock)
Ruling:
- Supreme Court found no reversible error in the CA's decision.
- Timeliness of the union's appeal is a factual issue and cannot be entertained in a proceeding under Rule 45.
- Petitioner's evidence, a certification by the Acting Postmaster, was of dubious authenticity and lacking in material details.
- No reason to impugn the BLR's proceedings as it observed due process and allowed the petitioner to be heard.
- BLR's interpretation of the requirement for the union secretary's certification to be under oath was upheld.
- BLR's int...(Unlock)
Ratio:
- Timeliness of the union's appeal is a factual issue and cannot be entertained in a proceeding under Rule 45.
- Petitioner's evidence lacked authenticity and material details, undermining its credibility.
- BLR's proceedings observed due process and allowed the petitioner to be heard, indicating no bias.
- BLR's i...continue reading
Case Digest (G.R. No. 162356)
Facts:
This case involves a petition for cancellation of the registration of NAMAWU Local 188-Dong Seung Workers Union filed by Dong Seung Incorporated. The petitioner argues that the union's registration should be cancelled because the List of Officers and Constitution and By-laws attached to its application for union registration were not properly certified under oath. Additionally, the petitioner claims that a significant number of employees have denounced the union for employing deceit in obtaining signatures to support its registration application.
The Department of Labor and Employment (DOLE), Region IV granted the petitioner's petition for cancellation of the union's registration. However, the Bureau of Labor Relations (BLR) reversed the decision and allowed the union to remain in the roster of legitimate labor organizations. The BLR required the union to submit its constitution and by-laws, updated list of officers and members, and other necessary documents within thirty days.
The petitioner filed a petition for certiorari with the Court of Appeals (CA), arguing that the BLR acted with grave abuse of discretion in giving due course to the union's appeal. The CA dismissed the petition, and the petitioner filed a Petition for Review on Certiorari with the Supreme Court.
Issue:
The main issues raised in this case are:
- Whether the BLR acted with grave abuse of discretion in giving due course to the union's appeal.
- Whether the union's registration should be cancelled due to the lack of proper certification under oath and alleged deceit in obtaining signatures.
Ruling:
The Supreme Court denied the petitioner's request to cancel the union's registration. The Court found that the timeliness of the union's appeal was a factual issue that could not be entertained in a proceeding under Rule 45. The Court also rejected the petitioner's ...