Title
United Restauror's Employees and Labor Union vs. Torres
Case
G.R. No. L-24993
Decision Date
Dec 18, 1968
Union's picketing on Delta's private property challenged; injunction upheld as case deemed moot after Union lost consent election, dissolving picketing rights.
A

Case Summary (G.R. No. L-24993)

Background of the Case

The case arose from a verified complaint for injunction filed by Delta on January 16, 1965. Delta claimed that it owned the Makati Commercial Center and was engaged in leasing its portions. The Union, representing employees of Sulo Restaurant, had requested permission to picket on Delta's property surrounding the restaurant on January 8, 1965. However, Delta denied this request on January 11, expressing concerns about potential liability for incidents that might occur during the picketing. Despite the denial, the Union proceeded to picket in the designated area on January 16.

Procedural Developments

Following the picketing activities, Delta sought a writ of preliminary injunction to prevent the Union from continuing its picketing, arguing that the Union's actions infringed upon its property rights and would result in irreparable harm. The Court of First Instance granted the injunction, leading the Union to file a motion for reconsideration, which was denied. Subsequently, on January 19, 1965, the Union contested the court's jurisdiction by filing a motion to dismiss, claiming that the case fell under the jurisdiction of the Court of Industrial Relations due to allegations of unfair labor practices.

Legal Claims and Arguments

In its certiorari petition filed on September 18, 1965, the Union contended that the issuance of the injunction violated its rights to free speech by infringing upon its right to picket. It argued that the injunction was issued without a proper hearing and in violation of specific provisions of Republic Act 875. The Union also claimed there was no adequate remedy available in the ordinary course of law.

Response from Delta

Delta countered the Union's arguments by asserting that the injunction did not prohibit the Union from picketing against Sulo Restaurant but merely forbade picketing on property owned by Delta. Delta maintained that no employer-employee relationship existed with the Union's members and emphasized that it had not engaged in unfair labor practices. Delta argued that the injunction had been issued after a hearing and thus was valid.

Events Following the Petition

The situation progressed with a consent election conducted by the Department of Labor on October 4, 1965, in which a rival union, Sulo Employees Labor Union (SELU), was certified as the exclusive bargaining representative for the employees of Sulo Restaurant. Delta asserted that this rendered the Union's petition moot since the Union had lost its collective bargaining rights as a result of the election outcome.

Mootness of the Petition

The Supreme Court found that the Union's right to picket had lapsed due to its defeat in the consent election, wherein SELU emerged as the majority representative. The court emphasized that t

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