Case Digest (G.R. No. L-8750)
Facts:
- The National Union of Printing Workers (petitioner) accused Asia Printing and/or Lu Ming (respondents) of unfair labor practices.
- Francisco Dacanay, a pressman at Asia Printing, was dismissed on August 23, 1953.
- Dacanay alleged his dismissal was due to his union activities.
- He filed charges with the Court of Industrial Relations (CIR) against Asia Printing and its manager, Lu Ming.
- Judge Jose Bautista of the CIR appointed Atty. M. A. Ferrer, acting prosecutor, to conduct a preliminary investigation.
- Ferrer found a prima facie case and filed a complaint with the CIR.
- During hearings, both sides presented evidence.
- Judge Bautista dismissed the complaint, citing Dacanay's inefficiency, incompetence, lack of interest in work, and troublesome behavior as reasons for his dismissal.
- Dacanay filed a petition for certiorari, raising procedural and substantive issues.
Issue:
- (Unlock)
Ruling:
- The trial court had jurisdiction and did not abuse its discretion by requiring the Union to present evidence again before the judge.
- The trial court did not err in adopting the procedure of having the charges investigated by the acting prosecutor.
- The trial court did not err by exposing the complainant union...(Unlock)
Ratio:
- The Supreme Court affirmed the CIR's decision, stating that under Section 5(b) of Republic Act No. 875, the CIR must first investigate charges of unfair labor practices.
- This investigation can be conducted by the court itself, a member, or an agent like the acting prosecutor.
- The findings of the acting prosecutor are not binding on the court, especially when the investigation is conducted ex parte and the finding is only prima facie.
- The court found that the CIR acted...continue reading
Case Digest (G.R. No. L-8750)
Facts:
The case involves the National Union of Printing Workers (petitioner) and Asia Printing and/or Lu Ming (respondents). Francisco Dacanay, a pressman employed by Asia Printing, was dismissed on August 23, 1953. Dacanay claimed his dismissal was due to his union activities with the National Union of Printing Workers. He filed charges of unfair labor practices against Asia Printing and its manager, Lu Ming, with the Court of Industrial Relations (CIR). Judge Jose Bautista of the CIR designated Atty. M. A. Ferrer, the acting prosecutor, to conduct a preliminary investigation. Ferrer found a prima facie case and filed a complaint with the CIR. During the hearings, both parties presented evidence. Judge Bautista dismissed the complaint, finding that Dacanay was dismissed not for his union activities but due to inefficiency, incompetence, lack of interest in his work, and being troublesome. Dacanay filed a petition for certiorari, raising several procedural and substantive issues.
Issue:
- Did the trial court have jurisdiction and did it abuse its discretion by requiring the Union to present evidence again before the judge after the charges were proved before the CIR Commissioner?
- Did the trial court err in adopting a procedure not provided for by Republic Act 875 by not directl...