G.R. No. 128192 - ASSOCIATED LABOR UNIONS (ALU) AND PASAR EMPLOYEES ASSOCIATION (PEA-ALU), VS. SECRETARY LEONARDO A. QUISUMBING, NATIONAL FEDERATION OF LABOR UNION (NAFLU), AND PHILIPPINE ASSOCIATED SMELTING AND REFINING CORPORATION (PASAR). D E C I S I O N - Supreme Court E-Library

Ruling

ACCORDINGLY, the following unions shall participate in the certification election: National Federation of Labor Unions (NAFLU); Pasar Employees Associations Associated Labor Unions - Trade Unions Congress of the Philippines (PEA-ALU-TUCP); and No Union." On December 7, 1995, PEA-ALU interposed a Motion to Dismiss [4] for failure of NAFLU to acquire for and in behalf of its local charter affiliate, (Concerned Organization of PASAR Progressive Employees for Reform, or "COPPER"), a legal personality as a legitimate labor organization, in connection with the aforesaid order of the Med-Arbiter. On the same day, COPPER was issued by the DOLE a Certificate of Registration [5] as an independent registered labor organization under Registration Certificate No. R0800-95-12-UR-50. Private respondent NAFLU then furnished petitioner PEA-ALU with copies of the Constitution and By-Laws of COPPER-NAFLU through a Compliance with Manifestation [6] dated December 12, 1995. In his Order [7] of January 26, 1996, Med-Arbiter Milado acted favorably on the Motion to Dismiss the petition for certification election, ruling thus: "IN VIEW OF THE FOREGOING, this Office is hereby constrained to issue an Order considering the Order of this Office dated November 29, 1995 as vacated, cancelled and/or set aside, and dismissing the instant petition for the reason aforestated." On February 2, 1996, NAFLU filed a memorandum of appeal with the Secretary of Labor, who, acting thereupon on August 26, 1996, resolved as follows: "Most importantly, it is clear from the records that herein petitioner attained the status of a legitimate labor organization (local chapter) when it submitted the required documents on 1 December 1995 to the Regional Office and as an independently registered union when it was issued by the Department a registration certificate as independent union on 7 December 1995. x x x WHEREFORE, the instant appeal is hereby GRANTED. The Med-Arbiter's Order dated 26 January 1996 is hereby SET ASIDE and his previous Order dated 29 November 1995 ordering the conduct of certification election STANDS." On September 21, 1996, PEA-ALU mailed its Motion for Reconsideration [8] of the said Resolution of the respondent Secretary but the same was denied in the Resolution [9] issued on January 3, 1997. Petitioner PEA-ALU's Second Motion for Reconsideration, met the same fate. It was also denied. Undaunted, petitioners have come to this Court for the reversal of the two Resolutions of respondent Secretary of Labor, aforementioned, raising as issues: I WHETHER OR NOT PUBLIC RESPONDENT SECRETARY OF LABOR AND EMPLOYMENT ACTED IN EXCESS OF JURISDICTION AND WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF JURISDICTION IN HOLDING THAT PRIVATE RESPONDENT NAFLU'S PETITION FOR CERTIFICATION ELECTION WAS DULY FILED. II WHETHER OR NOT PUBLIC RESPONDENT SECRETARY OF LABOR AND EMPLOYMENT ACTED IN EXCESS OF JURISDICTION AND WITH GRAVE ABUSE OF DISCRETION IN THE APPLICATION OF THE "DOCTRINE OF ESTO