Case Digest (G.R. No. 115077)
Case Digest (G.R. No. 115077)
Facts:
Progressive Development Corporation–Pizza Hut v. Hon. Bienvenido Laguesma and Nagkakaisang Lakas ng Manggagawa (NLM)-Katipunan, G.R. No. 115077, April 18, 1997, Supreme Court First Division, Kapunan, J., writing for the Court.
On July 9, 1993, Nagkakaisang Lakas ng Manggagawa (NLM)-Katipunan filed a petition for a certification election with the Department of Labor (National Capital Region) on behalf of its local affiliate Sumasaklaw sa Manggagawa sa Pizza Hut (docketed NCR-OD-M-9307-020). Petitioner Progressive Development Corporation–Pizza Hut responded that the union’s registration was tainted by fraud and falsification and on August 20, 1993 filed a verified Motion to Dismiss alleging multiple irregularities in the organizational documents and signatures; it supplemented those allegations on August 29, 1993 with further claims (including improper notarization and lack of secret-ballot voting).
On August 30, 1993, petitioner filed a separate petition seeking cancellation of the union’s registration (docketed as BIR Case No. 8-21-83) and moved the Med-Arbiter to suspend the certification election proceedings pending resolution of that cancellation action. Despite these filings, Med-Arbiter Rasidali C. Abdullah, in an Order dated September 29, 1993, directed that a certification election be held, reasoning that the union was "a legitimate labor organization" until its certificate was canceled and that alleged misrepresentations were collateral issues for cancellation proceedings.
Petitioner appealed to the Office of the Secretary of Labor. Labor Undersecretary Bienvenido E. Laguesma denied the appeal in a Resolution dated December 29, 1993 and denied reconsideration in an Order dated January 27, 1994. Petitioner then filed a special civil action for certiorari under Rule 65 of the Revised Rules of Court, contending that the public respondent and the Med-Arbiter committed grave abuse of discretion by ordering the certification election despite a pending, document-supported petition to cancel the union’s registration.
Issues:
- Did the public respondent commit grave abuse of discretion in affirming the Med-Arbiter’s order to conduct a certification election despite a pending petition to cancel the union’s registration and documentary allegations of fraud and falsification?
- Does a labor organization whose registration is allegedly vitiated by fraud retain the legal personality required to file a petition for certification election, or should election proceedings be suspended pending resolution of cancellation proceedings?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)