Beruflich Dokumente
Kultur Dokumente
2D
RELEVANT FACTS
July 9, 1993: Nagkakaisang Lakas ng Manggagawa (NLM)-Katipunan filed a petition for certification
election with the Department of Labor NCR in behalf of the rank and file employees of petitioner.
August 20, 1993: Petitioner filed a verified Motion to Dismiss, alleging fraud, falsification and
misrepresentation in the Union's registration making it void and invalid.
August 29, 1993: Petitioner filed a Supplement to its Motion to Dismiss
August 30, 1993: Petitioner filed a Petition seeking the cancellation of the Union's registration on the
grounds of fraud and falsification
Motion was filed by petitioner with the Med-Arbiter requesting suspension of proceedings in the
certification election case
September 29, 1993: Med-Arbiter Rasidali C. Abdullah directed the holding of a certification election,
stating that the union is a legitimate labor organization until its very charter certificate is canceled or
otherwise revoked by competent authority. The other allegations should be discussed in the
cancellation proceedings.
Labor Undersecretary Bienvenido E. Laguesma also denied it.
MR was denied
Petitioner filed a special civil action for certiorari under Rule 65
Issue Ratio
W/N after the necessary NO.
papers and documents have
been filed by a labor 1. Art 234, LC indicates the requirements for registration as a labor
organization, recognition by organization, which are intended as preventive measures against
the Bureau of Labor Relations fraud. After the filing of the necessary papers and documents for
merely becomes a ministerial registration, it becomes mandatory for the Bureau of Labor Relations
function. to check if the requirements have been complied. If they were not
complied with, the applicant should be denied. If a certificate of
recognition has been issued, its propriety could be assailed directly
through cancellation of registration proceedings (Art 238-39) or
indirectly. These measures may be done simultaneously.
2. Labor Code itself grants the Bureau of Labor Relations a period of 30
days to review all applications for registration.
3. Registration requirements afford a measure of protection to
unsuspecting employees who may be lured into joining unscrupulous
University of the Philippines College of Law
2D
RULING
WHEREFORE, PREMISES CONSIDERED, the instant petition is GRANTED and the Resolution and Order of the
public respondent dated December 29, 1993 and January 24, 1994, respectively, are hereby SET ASIDE.
The case is REMANDED to the Med-Arbiter to resolve with reasonable dispatch petitioner's petition for
cancellation of respondent Union's registration
NOTES
MOTION TO DISMISS stated that:
The Union's registration had false, forged, double or multiple signatures in its constitution/by-laws
The chapter is claimed to be supported by 318 members when its signatories are lesser.
While the application for registration of the charter was supposed to have been approved in the
organizational meeting (June 27), the charter certification issued by the federation KATIPUNAN was
dated June 26 or 1 day prior to the formation of the chapter