G.R. No. 209555 - UNITED POLYRESINS, INC., ERNESTO UY SOON, JR., AND/OR JULITO UY SOON, V. MARCELINO PINUELA.

Ruling

accordingly, the case should be dismissed. On April 20, 2009, the Labor Arbiter issued a Decision [22] dismissing respondent's complaint on the finding that respondent was not illegally terminated, thus: While complainant, as then Union President, denies any misappropriation of union funds, it is undisputed that he failed to account for the missing union funds and to return the P300,000.00 which the respondent company had lent for the union's assistance upon the expiration of the CBA dated December 31, 2007. More importantly, in the investigation conducted by the newly elected officers of the union, it was uncovered that union funds were in fact personally used by the former officers of PORFA which includes complainant. Thus, the union passed a resolution expelling complainant from the PORFA union and the corresponding letter was sent to the respondent company informing the latter of complainant's expulsion coupled with a recommendation that complainant be terminated from employment pursuant to the union security clause of the CBA. Given the foregoing, we rule that complainant was validly dismissed since the respondent company merely did its obligation under the CBA by terminating the services of complainant who ceased to be a member in good standing of the PORFA union by reason of expulsion. WHEREFORE, premises considered, judgment is hereby rendered DISMISSING the instant complaint for lack of merit. SO ORDERED.