489 Phil. 609
CALLEJO, SR., J.:
On June 14, 2001, twenty-three (23) members of the petitioner union gathered in front of the respondent’s compound carrying the same placards. Later that day, petitioner Tomaroy agreed to talk to the management with the following priority demands: (a) resumption of work; and (b) 13th month pay.[9] The next day, members of the petitioner union and their supporters gathered in front of the respondent’s compound.[10] From June 16, 2001 up to June 18, 2001, the members, as well as supporters of the union, gathered again in front of the company’s compound.[11]
- Itigil ang sabwatan ng KATIPUNAN (FABIAN GROUP) at management BMC-SUPER.
- Mr. Paul Lee – Huwag mong ipitin ang mid-year, 13th month pay ng mga manggagawa sa CKC. BMC-SUPER.
- Ibalik ang pasok sa Finishing Department.
- Mr. Paul Lee – Magagara ang sasakyan mo, Montero, BMW, Pajero pero kaunting benepisyo ng manggagawa ay di mo maibigay. BMC-SUPER.
- Kilalanin ang karapatan ng manggagawa na magtatag ng unyon. BMC-SUPER.[8]
a) The strikers/picketers did not conduct a strike vote and no cooling-off period was observed;
b) The strikers/picketers did not file a notice of strike;
c) The reasons for the strike/picket involve a non-strikeable issue;
d) The work slowdown/picket caused damages to the petitioner in the sum of FIVE MILLION PESOS (P5,000,000.00);
e) The illegal acts of respondents constrained petitioner to seek the services of undersigned counsel for an attorney’s fee of P50,000.00 and P2,000.00 per appearance.[13]
WHEREFORE, in view of the foregoing, the petition filed by the petitioner is hereby GRANTED.
The strike conducted by the respondents is hereby declared as illegal.
Consequently, due to their illegal activities, the respondents namely: RAYMOND TOMAROY, President, ROEL SARDONIDOS, Vice-President, JOSEPH SEDERIO, Secretary, MARITCHU JAVELLANA, Treasurer, ENRIQUE OMADTO, Auditor, EFREN MOGAR, P.R.O., and FRANCISCO BERTULFO, P.R.O. and Board of Directors: JUDY ROQUERO, PATERNO SILVESTRE, CAYETANO PALMON, TEODORO OCOP and JOSEPH ESTIFANO are hereby declared to have lost their employment status with the petitioner.[14]
Thus, the Labor Arbiter ruled that the strike staged by the petitioner union was illegal; hence, the union officers who knowingly participated in an illegal strike, already lost their employment status.[16]
- It was not based on a valid factual ground, either based on Collective Bargaining Deadlock and/or Unfair Labor Practice;
- No notice of strike was filed with the National Conciliation and Mediation Board of the DOLE;
- There was no strike-vote taken by the majority members of the union;
- There was no strike-vote report submitted to the DOLE at least seven (7) days before the intended date of the strike;
- The cooling-off period prescribed by law was not observed; and
- The 7-day visiting period after submission of the strike vote report was not fully observed.[15]
WHEREFORE, in view of the foregoing, and finding no cogent reason to disturb the finding of the Labor Arbiter a quo, the assailed decision is hereby AFFIRMED.[17]The NLRC reasoned that it found no instances and/or situation befitting grave abuse of discretion on the part of the Labor Arbiter.
In a Resolution[20] dated October 25, 2002, the CA dismissed the petition. The CA found that, contrary to Section 3, Rule 46 of the 1997 Rules of Civil Procedure, the petition for certiorari filed by the petitioner union did not contain the full names and actual addresses of all the petitioners and the respondents, as the petition merely mentioned “BMC-SUPER, et al.” as the petitioners. Further, the petition and the certification on non-forum shopping were signed by Raymond P. Tomaroy, who claimed to be the union president/authorized representative of petitioners without, however, any such authorization from the labor union and the other petitioners covered by the abbreviation et al. Moreover, the petition was not verified as required by Section 1, Rule 65 of the 1997 Rules of Civil Procedure; hence, did not produce legal effect as provided for in Section 4, Rule 7 of the Rules of Court.
- PUBLIC RESPONDENTS, THE HONORABLE LABOR ARBITER AND THE COMMISSIONERS OF THE NATIONAL LABOR RELATIONS COMMISSION COMMITTED PATENT GRAVE ABUSED (SIC) OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN THEY FAILED TO APPRECIATE FACTS AND EVIDENCES, APPLICABLE LAWS AND EXISTING JURISPRUDENCE AND, IF NOT CORRECTED, WOULD CAUSE IRREPARABLE DAMAGE TO HEREIN RESPONDENTS.[19]
On the first ground, the petitioners allege that they complied with Section 3, Rule 46 and Section 7, Rule 3 of the Rules of Court. They contend that the petition filed before the CA by the petitioner union’s president was sanctioned by Article 242 of the Labor Code, and the cases of Liberty Manufacturing Workers Union v. CFI of Bulacan,[25] Davao Free Workers Front v. CIR,[26] and La Carlota Sugar Central v. CIR.[27] The petitioner union insists that it would be illogical for the union, as an entity, to require all its members to sign the said petition and the certificate of non-forum shopping. It avers that a labor union is a judicial entity which functions thru its officers. Thus, the president, as an officer of the union, needed no special power of attorney to sign for the union. It stresses that it did not violate Section 34, Rule 138 of the Rules of Court.I
PUBLIC RESPONDENT COURT OF APPEALS ERRED WHEN IT DISMISSED THE PETITIONERS’ APPEAL ON GROUNDS OF TECHNICALITIES.II
PUBLIC RESPONDENT NATIONAL LABOR RELATIONS COMMISSION ERRED [WHEN] IT AFFIRMED THE FINDINGS OF THE HONORABLE LABOR ARBITER THAT PETITIONERS COMMITTED ILLEGAL STRIKE.[24]
WHEREFORE, premises considered, it is respectfully prayed to this Honorable Labor Arbiter that, after submission of this Position Paper, the above entitled case be considered submitted for resolution, and the decision be rendered in favor of the respondents employees:Under Section 3 of Rule 46 in relation to Section 1, Rule 65 of the Rules of Court, the petition for certiorari shall contain the full names and actual addresses of all the petitioners and the respondents, and that the failure of the petitioners to comply with the said requirement shall be sufficient ground for the dismissal of their petition:
1. Declaring Petitioners guilty of illegal reduction of working days, shutdown and UNFAIR LABOR PRACTICES against individual respondents;
2. Ordering petitioners be, jointly and severally, liable to pay respondents actual damages, payment of MORAL and EXEMPLARY DAMAGES in the amount of not less than P50,000.00 each individual employees and 10% of the total monetary award for the Office of BMC-SUPER plus P10,000.00 litigation expenses;
3. Ordering that Petitioner Paul Lee be in contempt of court and be fined to pay individual respondents in the amount of P50,000.00 each or imprisonment of Two (2) to Four (4) Years or both.
Other relief and remedies equitable in the premises are, likewise, prayed for.[28]
Sec. 3. Contents and filing of petition; effect of non-compliance with requirements. – The petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case and the grounds relied upon for the relief prayed for.Moreover, under Section 1, Rule 7 of the Rules of Court, the title of the action indicates the names of the parties who shall be named in the original petition:
It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof, such material portions of the record as are referred to therein and other documents relevant or pertinent thereto. The certification shall be accomplished by the proper clerk of court or by his duly authorized representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly authorized representative. The other requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original.
The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should, thereafter, learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.
The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500.00 for costs at the time of the filing of the petition.
The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition.
Section 1. Caption. – The caption sets forth the name of the court, the title of the action, and the docket number, if assigned.In this case, the title of the petition for certiorari filed in the CA does not contain the names of the petitioners officers of the petitioner BMC-SUPER and of the members of the Board of Directors; even the petition itself does not contain the full names and addresses of the said officers and members of the Board of Directors of the petitioner union. We quote the title of the petition and the averments thereof having reference to the parties-petitioners:
The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties.
Their respective participation in the case shall be indicated.
The petitioners’ reliance on the ruling of this Court in Davao Free Workers Front v. CIR[31] is misplaced. In the said case, the Court held that the failure to specify the details regarding the number and names of the striking members of a labor union in the decision or in the complaint was of no consequence. This is due to the fact that it was established that all the union members went on strike as a result of the unfair labor practice of the employer, in consonance with the rule that it is precisely the function of a labor union to carry the representation of its members, particularly against the employer’s unfair labor practices against it and its members, and to file an action for their benefit and behalf without joining each and every member as a separate party.BUKLURAN NG MANGGAGAWA SA CLOTHMAN KNITTING CORPORATION – SOLIDARITY OF UNIONS IN THE PHILIPPINES FOR EMPOWERMENT AND REFORMS (BMC-SUPER), ET AL.,Petitioner,-vs-
CLOTHMAN KNITTING CORPORATION,Respondents.[29]Petitioners, BUKLURAN NG MANGGAGAWA SA CLOTHMAN – SOLIDARITY OF UNIONS FOR EMPOWERMENT AND REFORMS (BMC-SUPER), et al., is a legitimate labor organization with Charter Certificate No. S-102, can be served with summons and other processes at 4th Floor Perlas Building, 646 Quezon Avenue, Quezon City.…
Private Respondent, CLOTHMAN KNITTING CORPORATION, is a domestic corporation organized and existing under and by virtue of Philippine Laws engaged in textile industry with principal place of business at No. 57 Don Pedro Street, Don Pedro Village, Marulas, Valenzuela City.
Public Respondents, National Labor Relations Commission, Second Division, herein impleaded as the tribunal exercising judicial functions who issued the assailed decision in NLRC Case No. 05-03332-2001.[30]
BUKLURAN NG MANGGAGAWA SA CLOTHMAN KNITTING CORPORATION – SOLIDARITY OF UNIONS IN THE PHILIPPINES FOR EMPOWERMENT AND REFORMS (BMC-SUPER), AND RAYMOND TOMAROY, ROEL SARDONIDOS, JOSEPH SEDERIO, MARITCHU JAVELLANA, ENRIQUE OMADTO, EFREN MOGAR, FRANCISCO BERTULFO, JUDY ROQUERO, PATERNO SILVESTRE, CAYETANO PALMON, TEODORO OCOP AND JOSEPH ESTIFANO,
On the other hand, Section 5, Rule 7 of the Rules of Court reads:1. Petitioners, BUKLURAN NG MANGGAGAWA SA CLOTHMAN – SOLIDARITY OF UNIONS FOR EMPOWERMENT AND REFORMS (BMC-SUPER), ROEL SARDONIDOS, JOSEPH SEDERIO, MARITCHU JAVELLANA, ENRIQUE OMADTO, EFREN MOGAR, FRANCISCO BERTULFO, JUDY ROQUERO, PATERNO SILVESTRE, CAYETANO PALMON, TEODORO OCOP AND JOSEPH ESTIFANO, the former is a legitimate labor organization with Charter Certificate No. S-102, and the latter are members of the former; they can be served with summons and other processes of this Honorable Court at c/o H.O. VICTORIA AND ASSOCIATES LAW OFFICES, Unit 305 Web-Jet Building, 64 Quezon Avenue cor. BMA Avenue, Quezon City.[33]…
Sec. 5. Certification against forum shopping. – The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not, therefore, commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should, thereafter, learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.As gleaned from the petition for certiorari in the CA, only the petitioner Raymond P. Tomaroy signed the certification of non-forum shopping in his capacity as the president of the petitioner union. The officers and members of the Board of Directors, who were, likewise, principal petitioners, did not execute any certification of non-forum shopping as mandated by the said Rule. The rule is that the certification of non-forum shopping must be signed by all the petitioners and that the signing by only one of them is insufficient.[34] Although petitioner Tomaroy was authorized by virtue of his position as president of the petitioner union to execute the certification for and in its behalf, he had no authority to do so for and in behalf of its petitioners-officers, as well as the members of the Board of Directors thereof. The execution by the individual petitioners of a special power of attorney subsequent to the dismissal of the petition by the CA authorizing petitioner Tomaroy to execute the requisite certification does not cure the fatal defect in their petition.[35]
Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.
On or about 1445H of June 11, 2001, Mr. Jojo Flores and Mr. Rene Fabian were about to deliver fabrics in Bulacan with service truck TBK-158. Upon reaching the corner of Don Pedro St. and McArthur Highway, they gave way to a big truck turning to Don Pedro St. and at the same time the group of Mr. Raymond Tomaroy, the leader of BUKLURAN NG MANGGAGAWA SA CLOTHMAN – SOLIDARITY OF UNIONS IN THE PHILIPPINES FOR EMPOWERMENT AND REFORMS – BMC SUPER were on their way to CKC compound. Seeing the group, Mr. Fabian greeted them by giving a quick forward motion of his head. But instead, according to Mr. Fabian, Mr. Tomaroy with finger pointing on to Mr. Fabian accusing him as the one responsible for the delay of their 13th month pay. Mr. Fabian just told the group BMC-SUPER to read the Memorandum of the HRD dated June 8, 2001. Mr. Flores and Mr. Fabian returned to CKC, Don Pedro St., Marulas, Valenzuela, to report the matter.The subsequent Reports dated June 14, 15, 16 and 18, 2001 of the same agency further stated that members of the petitioner union, along with other employees particularly from the knitting department, joined in the picket.[40] It is, thus, apparent that the concerted effort of the members of the petitioner union and its supporters caused a temporary work stoppage. The allegation that there can be no work stoppage because the operation in the Dyeing and Finishing Division had been shutdown is of no consequence. It bears stressing that the other divisions were fully operational. There is nothing on record showing that the union members and the supporters who formed a picket line in front of the respondent’s compound were assigned to the finishing department. As can be clearly inferred from the spot reports, employees from the knitting department also joined in picket. The blockade of the delivery of trucks and the attendance of employees from the other departments of the respondent meant work stoppage. The placards that the picketers caused to be displayed arose from matters concerning terms or conditions of employment as well as the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment.
At about 1517H of same date, Mr. Tomaroy with 16 members of BMC SUPER staged a rally and/or gathered in front of Clothman Knitting Corporation gate carrying placards with slogan read as follows:On or about 1640H at the same date, a PNP-Valenzuela Mobil car had SPO1 Palma, PO2 Manresa and PO1 Isip on board. The police with the BMC-SUPER.
- Itigil ang sabwatan ng KATIPUNAN (FABIAN GROUP) at management BMC-SUPER;
- Mr. Paul Lee – Huwag mong ipitin ang mid-year, 13th month pay ng mga manggagawa sa CKC. BMC-SUPER;
- Ibalik ang pasok sa Finishing Department;
- Mr. Paul Lee – Magagara ang sasakyan mo, Montero, BMW, Pajero pero kaunting benepisyo ng manggagawa ay di mo maibigay BMC-SUPER;
- Kilalanin ang karapatan ng manggagawa na magtatag ng unyon BMC-SUPER.
The Valenzuela Police left at about 1727H.
At about 1810H of the same date, the group of BMC-SUPER abandoned the area.[39]