G.R. No. 95122 - Board of Commissioners vs. Hon. Joselito Dela Rosa, Presiding Judge, RTC Manila, Branch 29

Petitioners South Cotabato Integrated Port Services, Inc. (SCIPSI) and/or Gabriel Munasque as General Manager were charged by Makar Port Labor Organization (MPLO), represented by its then President Mario Marigon, for alleged non-remittance of union member dues collected through a check-off provision in the collective bargaining agreement (CBA).
The complaint was filed before the Department of Labor and Employment (DOLE) Regional Office No. 12 in Koronadal City on August 16, 2010, charging SCIPSI with unfair labor practice (ULP) for withholding union dues from August 2006 to February 2007.
MPLO was the exclusive bargaining agent of SCIPSI rank-and-file employees from October 12, 1999 until February 2007.
SCIPSI claimed Marigon was dismissed on December 5, 2007, lacking legal capacity to sue for MPLO and that the ULP charge was time-barred, with more than one year having passed from the time of collection to filing.

Mediator-Arbiter Jasmin M. Demetillo issued an order (December 13, 2010) directing MPLO to specify an authorized person to receive the unremitted dues and SCIPSI to release the withheld amounts, holding that the existing CBA remained effective until February 11, 2007.
Med-Arbiter Demetillo ruled Marigon had no authority because he had been dismissed and was likely no longer a member under MPLO’s constitution and by-laws.
Saranggani Marine and General Workers Union (SAMAGEWU-TUPAS) intervened, claiming it was the sole and exclusive bargaining agent after December 5, 2006, and moved to annul the Med-Arbiter’s order.
The Med-Arbiter denied SAMAGEWU-TUPAS’s motion citing lack of legal interest, tardiness, and finality of the order.
Upon appeal, the Bureau of Labor Relations (BLR) reversed and modified the Med-Arbiter's order on January 31, 2012, acknowledging an intra-union dispute between MPLO factions but directing MPLO to submit a list of members and designate an authorized representative to receive dues.
The BLR held SAMAGEWU-TUPAS had no legal interest in the withheld dues since they belonged to MPLO members, but recognized jurisdiction of the Med-Arbiter over the intra-union dispute.

Both SCIPSI and SAMAGEWU-TUPAS filed motions for reconsideration which were denied by the BLR.
SCIPSI filed a petition for certiorari before the Court of Appeals (CA) arguing the Med-Arbiter and BLR decisions were grave abuses of discretion and lack jurisdiction.
CA affirmed the BLR, ruling the dispute to be intra-union and hence within Med-Arbiter’s jurisdiction; also ruled Marigon's alleged lack of authority was moot due to union participation.
SCIPSI moved for reconsideration which was denied by the CA.
Petitioners then filed the present Petition for Review on Certiorari before the Supreme Court.

Whether the Mediator-Arbiter had jurisdiction over the petition filed by Mario Marigon for non-remittance of union dues.
Whether Mario Marigon had the authority to file the petition on behalf of MPLO given his prior dismissal from employment.