Case Digest (G.R. No. 157146)
Facts:
Laguna Autoparts Manufacturing Corporation v. Office of the Secretary, Department of Labor and Employment (DOLE) and Laguna Autoparts Manufacturing Corporation Obrero Pilipino-LAMCOR Chapter, G.R. No. 157146, April 29, 2005, the Supreme Court Second Division, Callejo, Sr., J., writing for the Court. The petition sought review of the Court of Appeals Decision in CA-G.R. SP No. 67424 dated September 13, 2002 and its February 5, 2003 resolution denying reconsideration; the CA had affirmed the Secretary of Labor and Employment’s grant of a petition for certification election.On May 3, 1999, Obrero Pilipino‑LAMCOR Chapter (respondent union) filed a petition for a certification election before DOLE Regional Office No. IV, claiming it was a legitimate labor organization under Registration Certificate No. NCR‑LF‑11‑04‑92 and that its local chapter had Control No. RO400‑9807‑CC‑030 dated March 23, 1999; it sought to represent an unorganized bargaining unit of approximately 160 rank‑and‑file employees of Laguna Autoparts Manufacturing Corporation (petitioner). The petitioner moved to dismiss, alleging the union failed to comply with registration requirements (payment of fees, officers’ list with principal office, minutes and membership lists, financial reports, constitution and by‑laws) and that its legal personality was thus in question.
A Med‑Arbiter, Anastasio L. Bactin, on October 24, 2000 dismissed the petition for certification election for lack of legal personality, finding that the union had not indicated its principal office on submitted documents — a fatal defect. The union appealed to Secretary of Labor and Employment Patricia A. Sto. Tomas, who reversed the Med‑Arbiter, ordered the regional office to conduct a certification election (with choices Obrero Pilipino‑LAMCOR Chapter and No Union) and directed the employer to submit a certified list of current employees (the Secretary’s dispositive order appears in the record).
The petitioner sought certiorari with the Court of Appeals, arguing grave abuse of discretion by the Secretary in finding the union complied with registration requirements and in treating the union as legitimate despite alleged lack of registration. The CA (Guerrero, J., with Bello and Enriquez, JJ., concurring) denied the petition on September 13, 2002, holding among other points that a local/chapter need not be separately registered to acquire legal personality under the Implementing Rules (as amended by Department Order No. 9) and that the Secretary’s factual findings were supported by the record. The petitioner’s motion for reconsideration before the CA was denied on February 5, 2003.
Petitioner then filed this Rule 45 petition for review on certiorari with the...(Subscriber-Only)
Issues:
- May the legal personality of a local/chapter labor organization be collaterally attacked in a petition for certification election?
- Is the respondent union a legitimate labor organization under the Implementing Rules as amended by Department Order No. 9?
- Does the employer have legal standing to oppose a petition for certification election f...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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