G.R. No. 250013 - Espinas vs. Office of the Ombudsman

Nature of Case: Special civil action for certiorari under Rule 65 of the Revised Rules of Court, seeking to annul and set aside the order of the BLR dismissing election protests/motions to annul certification elections.

On September 28, 1989, ACCESS filed a petition for certification election to determine the sole and exclusive bargaining representative of rank-and-file employees of SSS.
On August 24, 1990, the BLR ordered a certification election among SSS rank-and-file employees in the main office and regional branches.
The SSSEA (PSLINK-TUCP) was a contending party alongside ACCESS.
The certification election was held on October 11, 1991, with the results: ACCESS received 1,378 votes; SSSEA received 1,116 votes; and "No Union" received 40 votes.
On October 16, 1991, SSSEA filed an election protest and/or motion to annul the certification election with the BLR.

On March 20, 1992, the Director of the BLR, Calleja, denied the SSSEA’s protest/motion.
On September 29, 1992, SSSEA filed an Election Protest and/or Motion to Nullify Certification Elections in the SSS regional offices, citing that no proper elections were conducted there on October 11, 1991.
On November 18, 1992, Officer in Charge Perlita Bathan-Velasco denied the regional offices’ election protests/motions, affirmed ACCESS as the winner, and certified ACCESS as the sole and exclusive bargaining representative for rank-and-file employees.
On January 25, 1993, Velasco denied SSSEA’s motion for reconsideration.
SSSEA then filed the present petition for certiorari before the Supreme Court.

Whether the petitioner exhausted all the available administrative remedies before resorting to the courts.
Whether the BLR committed grave abuse of discretion or acted without jurisdiction in dismissing the election protests and certifying ACCESS as the sole bargaining representative.
Whether certification elections proceeded improperly in the presence of a pending formal charge alleging company-initiated or dominated union activities.
Whether the proclamation of ACCESS as winner was void due to the absence of certification elections in the regional offices.