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Yokohama Tire Phils. Vs. Yokohama Employees Union G.R. No. 163532, Mar h 1!, 2!1!

"a #s$ Yokohama Employees Union (YEU) is the labor organization of the rank-and-file employees of Yokohama Tire Philippines, Inc (YTPI) YEU !as registered as a legitimate labor labor "nion on #$ %eptember #&&& YEU filed before the 'egional (ffice a petition for certification election YTPI filed a petition in the 'egional (ffice for the re)ocation of YEU*s registration alleging fra"d and misrepresentation by incl"ding signat"res of employees in the organizational doc"ments despite the lack of kno!ledge of the employees of the election of "nion officers and sec"ring signat"res of employees by making them belie)e that they !ere signing a petition for a #+,increase in the minim"m !age, not a petition for registration YTPI*s petition !as granted and YEU appealed to the ./', !hich re)ersed the decision

The ./' fo"nd that the persons !hose signat"res !ere allegedly sec"red thro"gh misrepresentation ne)er asked for their signat"res to be remo)ed from the organizational doc"ments, that some employees e0ec"ted a Sama-Samang Pahayag !hich alleged that they ha)e indeed attended a meeting for the p"rpose of organizing and ratifying their Union .y /a!s and that the employees did not 1"estion the legality of YEU*s organization The ./' also held that altho"gh the Sama-Samang Pahayag did not specifically mention that an election took place d"ring the organizational meeting, it may be possible that the same !as cond"cted and that any infirmity in the election of "nion officers may be remedied "nder the last paragraph of 2rticle +3# of the /abor 4ode and "nder '"le 5I6 of 7(/E 7epartment (rder 8o &

YTPI filed for a motion for reconsideration before the ./', !hich !as denied Then a petition for certiorari "nder '"le 9, !as filed in the 42, the same !as denied, as !ell as the motion for reconsideration %ss&e$ 7id YEU commit fra"d and misrepresentation: R&lin'$ 8o ;hether YEU committed fra"d and misrepresentation in failing to remo)e signat"res of some employees from the list of employees !ho s"pported YEU*s application for registration and !hether YEU cond"cted an election of its officers are 1"estions of fact YTPI, being the one

!hich filed the petition for the re)ocation of YEU*s registration, had the b"rden of pro)ing that YEU committed fra"d and misrepresentation The 42 already r"led that YTPI failed to pro)e that YEU committed fra"d and misrepresentation <act"al findings of the 42 and other lo!er trib"nals are binding on the 4o"rt 2 petition for re)ie! on certiorari "nder '"le 3, of the '"les of 4o"rt sho"ld incl"de only 1"estions of la! = 1"estions of fact are not re)ie!able 2 1"estion of la! e0ists !hen the do"bt centers on !hat the la! is on a certain set of facts, !hile a 1"estion of fact e0ists !hen the do"bt centers on the tr"th or falsity of the alleged facts There is a 1"estion of la! if the iss"e raised is capable of being resol)ed !itho"t need of re)ie!ing the probati)e )al"e of the e)idence (nce the iss"e in)ites a re)ie! of the e)idence, the 1"estion is one of fact

Ea'le Ri('e Gol) * +o&n#ry +l&, -s. +., e#. al. G.R. No. 1/0101, Mar h 10, 2!1! "a #s$ Petitioner Eagle 'idge >olf and 4o"ntry 4l"b(Eagle 'idge), !hich has aro"nd ##+ rank-and-file employees, alleges that Eagle 'idge Employees Union(E'EU) committed fra"d, misrepresentation and false statement !hen it filed for its registration and that E'EU failed to comply !ith the membership re1"irement for the registration as a labor organization Eagle 'idge seeks to ha)e E'EU*s registration cancelled !hen the Union filed a petition for certification election Eagle 'idge alleged that the E'EU declared in its application for registration ha)ing ?$ members, !hen the min"tes of its 7ecember 9, +$$, organizational meeting sho!ed it only had +9 members The misrepresentation !as e0acerbated by the discrepancy bet!een the certification iss"ed by the Union secretary and president that +, members act"ally ratified the constit"tion and by-la!s on 7ecember 9, +$$, and the fact that +9 members affi0ed their signat"res on the doc"ments, making one signat"re a forgery 7(/E 'egional 7irector granted Eagle 'idge*s petition and delisted E'EU from the roster of legitimate labor organizations E'EU appealed to the ./', !hich initially affirmed the order of the 'egional 7irector, b"t "pon filing of the E'EU of a motion for reconsideration it !as reinstated in the roster of legitimate labor organizations Eagle 'idge filed a motion for reconsideration b"t !as denied, th"s a petition for certiorari to the 42 The 42 dismissed Eagle 'idge*s petition for being deficient as the )erification and certification of non-for"m shopping !as s"bscribed to by /"na 4 Piezas on her representation as the legal co"nsel of the petitioner, b"t sans @the re1"isiteA %ecretary*s 4ertificate or .oard 'esol"tion a"thorizing her to e0ec"te and sign the same The 42 denied a motion for reconsideration %ss&e$ 7id the 42 commit gra)e ab"se of discretion in denying Eagle 'idge*s petition to cancel E'EU*s registration:

R&lin'$ 8o 2 scr"tiny of the records fails to sho! any misrepresentation, false statement, or fra"d committed by E'EU to merit cancellation of its registration The Union s"bmitted the re1"ired doc"ments attesting to the facts of the organizational meeting on 7ecember 9, +$$,, the election of its officers, and the adoption of the Union*s constit"tion and by-la!s E'EU complied !ith the mandatory minim"m +$- membership re1"irement "nder 2rt +?3(c) !hen it had ?$ employees as member !hen it registered 2ny seeming infirmity in the application and admission of "nion membership, most especially in cases of independent labor "nions, m"st be )ie!ed in fa)or of )alid membership In the iss"e of the affida)its of retraction e0ec"ted by si0 "nion members, the probati)e )al"e of these affida)its cannot o)ercome those of the s"pporting affida)its of #+ "nion members and their co"nsel as to the proceedings and the cond"ct of the organizational meeting on 7ecember 9, +$$, The 7(/E 'egional 7irector and the ./' (I4 7irector ob)io"sly erred in gi)ing credence to the affida)its of retraction, b"t not according the same treatment to the s"pporting affida)its It is settled that affida)its partake the nat"re of hearsay e)idence, since they are not generally prepared by the affiant b"t by another !ho "ses his o!n lang"age in !riting the affiant*s statement, !hich may th"s be either omitted or mis"nderstood by the one !riting them It is re1"ired for affiants to re-affirm the contents of their affida)its d"ring the hearing of the instant case for them to be e0amined by the opposing party, i e , the Union <or their nonpresentation, the si0 affida)its of retraction are inadmissible as e)idence against the Union in the instant case T!enty percent (+$-) of ##+ rank-and-file employees in Eagle 'idge !o"ld re1"ire a "nion membership of at least ++ employees ;hen the E'EU filed its application for registration on 7ecember #&, +$$,, there !ere clearly ?$ "nion members Th"s, !hen the certificate of registration !as granted, there is no disp"te that the Union complied !ith the mandatory +$- membership re1"irement Prior to their !ithdra!al, the si0 employees !ho retracted !ere bona fide "nion members ;ith the !ithdra!al of si0 "nion members, there is still compliance !ith the mandatory membership re1"irement "nder 2rt +?3(c), for the remaining +3 "nion members constit"te more than the +$- membership re1"irement of ++ employees

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