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Progressive development corporation-pizza hut,petitioner v.Laguesma,Undersec of

labor,&NLM defendant

Facts

NLM-Katipunan filed a petition for certification election with the DOLE in behalf of the rank''n file

employees of the proressi!e de!" corp#pi$$a hut%"&etitioners filed a motion to dismiss allein

fraudfalsification and misrepresentation in the respondent"(he motion specifically alleed that

a"% respondent union reistration was tainted with falseforeddouble or multiple sinatures of

those who alleedly took part in the ratification of the respondent union's constitution and by-

laws and in the election of its officers that there were ) sets of supposed attendees to the

alleed orani$ational meetin that was alleed to ha!e taken place on *une)+,." b"% while

the application for reistration of the charter was supposed to ha!e been appro!ed in the

orani$ational meetin held on much less c"% application for reistration of the charter was

supposed to ha!e been appro!ed in the orani$ational meetin held on ,. the charter cert

issued by the federation K/(0&1N/N was dated ,. or , day prior to the formation of the

chapter thus there were serious falsities in the dates of the issuance of the charter cert and theorani$ation meetin of the alleed chapter" d"% !otin was not conducted by secret ballot in

!iolation of atr" )2,sec#c% of the labor code #e% the constitution 3 by laws submitted"

0ssue

4hallee the leal personality of the respondent union"

5ulin

(he court held that to determine the !alidity of labor unions art").2 re6uiremets of reistration

must be complied with" 0f its application for reistration is !itiated by falsification and serious

irreularitiesespecially those appearin on the face of the application and the supportindocuments a labor orani$ation should be denied reconitin as a leitimate labor or"

7herefore inasmuch as the leal personality of respondent union had been seriously

challeneit would ha!e been more prudent to ha!e ranted petitioners re6uest for the

suspension of proceedins in the cert election caseuntil the issue of the leality of the unions

reistration shall ha!e been resol!ed"Failure of the med-arbiter and public respondent to heed

the re6uest constituted a ra!e abuse of discretion"

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Case igest on !abriel, et al v. "ecretar# of Labor, !.$. No. %%'(', March %), *+++-

Labor La

/pril ,) )8,,

9: / and ; were employed by &/L as load controller and check-in clerk respecti!ely" On

cess baae fee" 4ominero further paid the sum representin the e>cess

baae fee" ; implicated / in the anomaly" / and ; were chared with ?fraud aainst the

company@ and were found uilty and meted with the penalty of dismissal" (he NL54 found that

the alleed defraudin of &/L=s e>cess baae re!enue was not the handiwork of / and that

&/L failed to show it suffered loss in re!enues as a conse6uence of pri!ate respondent=s

6uestioned act" 7as / !alidly dismissedA

/: Bes" (he core of &/L=s e!idence aainst / included the report of ;" 0t was erroneous for the

NL54 to ha!e discredited ;=s testimony because he appeared uilty as well" (here is

substantial e!idence showin that pri!ate respondent had direct in!ol!ement in the illeal

poolin of baae" /=s act is ine>cusable as it constitutes a serious offense under petitioner=s

4ode of Discipline" (he fact that &/L failed to show it suffered losses in re!enue is immaterial

as pri!ate respondent=s mere attempt to depri!e petitioner of its lawful remedy is already

tantamount to fraud" (herefore / was !alidly dismissed and as such was for a *ust cause he is

not entitled to backwaes nor separation pay"