G.R. NO. 157146 - LAGUNA AUTOPARTS MANUFACTURING CORPORATION, VS. OFFICE OF THE SECRETARY, DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) AND LAGUNA AUTOPARTS MANUFACTURING CORPORATION OBRERO PILIPINO-LAMCOR CHAPTER.

Ruling

WHEREFORE , the appeal is GRANTED . The order dated 24 October 2000 of the Med-Arbiter is REVERSED and SET ASIDE . Accordingly, let the entire records of this case be remanded to the regional office of origin for the immediate conduct of a certification election, subject to the usual pre-election conference, among the rank-and-file employees of Laguna Auto Parts Manufacturing Corporation (LAMCOR), with the following choices: Obrero Pilipino LAMCOR Chapter; and No Union Pursuant to Section 11.1, Rule XI of the New Implementing Rules, the employer is hereby directed to submit to the regional office of origin the certified list of current employees in the bargaining unit for the last three months prior to the issuance of this decision. SO DECIDED. [6] Finding no cogent reason to alter her decision, the Secretary of Labor and Employment denied the motion for reconsideration thereof. [7] Not convinced, the petitioner filed a petition for certiorari with the CA on the following grounds: I. PUBLIC RESPONDENT COMMITTED GRAVE ABUSE OF DISCRETION IN FINDING THAT PRIVATE RESPONDENT HAS COMPLIED WITH ALL REQUIREMENTS FOR REGISTRATION; II. THE PUBLIC RESPONDENT COMMITTED GRAVE ABUSE OF DISCRETION IN FINDING THAT PRIVATE RESPONDENT IS A LEGITIMATE LABOR UNION DESPITE LACK OF REGISTRATION AS SUCH. [8] On September 13, 2002, the CA rendered a Decision in favor of the respondent union, thus: WHEREFORE , the instant petition is hereby DENIED and the assailed decision of the Secretary of Labor and Employment is AFFIRMED in toto . SO ORDERED.