DE OCAMPO MEMORIAL SCHOOLS vs. BIGKIS MANGGAGAWA

DE OCAMPO MEMORIAL SCHOOLS, INC., petitioner versus  BIGKIS MANGGAGAWA SA DE OCAMPO MEMORIAL SCHOOL, INC., respondent

G.R. No. 192648

March 15, 2017

FACTS:

De Ocampo Memorial Schools, Inc. is a domestic corporation duly-organized and existing under the laws of the Philippines. De Ocampo Memorial Medical Center and De Ocampo Memorial College. Under the aforementioned institution is Bigkis Manggagawa ng De Ocampo Medical Center a union which was granted Union Registration No. on September 26, 2003. Another permit was issued for Bigkis Manggagawa ng De Ocampo Memorial School, Inc. dated December 5, 2003; Union Registration/Certificate of Creation of Local Chapter No. NCR-l 2-CC-002-2003, declaring that they are legitimate organization.

A Petition for Cancellation of Certificate of Registration with the Department of Labor and Employment - National Capital Region was filed by De Ocampo against Bigkis Manggagawa ng De Ocampo Memorial School, Inc. dated March 4, 2004. Stating in the petition the grounds of revocation of registration 1.) Misrepresentation of declaring the officers and members 2.) Mixed membership of rank file 3.) Inappropriate bargaining unit.

A Comment-Opposition was then filed by BMDOMSI, denying De Ocampo's allegations and claiming that the latter only wants to impede the formation of the union.

A decision of Acting Regional Director Ciriaco A. Lagunzad III of the DOLE-NCR ruled that BMDOMSI committed misrepresentation by making it appear that the bargaining unit is composed of faculty and technical employees, dated July 26, 2004.

The respondents then filed an appeal to Bureau of Labor Relations. On December 29, 2004, a decision was released by BLR reversing the Regional Director's finding of misrepresentation, false statement or fraud in BMDOMSI’s application for registration.

According to BLR the petitioner failed to present proof to support its allegation of mixed membership within respondent union. Certiorari was filed by the petitioner to the CA seeking to annul and set aside the BLR Decision as well as the Resolution dated January 24, 2005 denying its motion for reconsideration. CA affirmed the Decision of the BLR. It ruled that there was no misrepresentation, false statement or fraud in the application for registration. The respondents were able to substantiate that there have been no misrepresentation as the members appearing in the minutes of the general membership meeting BMDOMSI Union, and the list of members who attended the meeting and ratified the union constitution and by-laws, are in truth employees of the school, though some service the hospital.

Although, the CA observed that the members of the union, who are from academic, non-academic, and general services, do not perform work of the same nature and these factors dictate the separation of the categories of employees for purposes of collective bargaining, the CA reasoned that such lack of mutuality and commonality of interest of the union members is not among the grounds for cancellation of union registration under Article 247 of the Labor Code.

ISSUE: 

Whether or not De Ocampo Bigkis Manggagawa ng De Ocampo Memorial School, Inc. Union Registration should be revoked

HELD:

No. The respondents did not violate any regulation for them to have grounds for cancelation of their Union Registration. BMDOMSI Union was able to testify to the court that there were no misrepresentation, mixed membership and inappropriate bargaining unit in their union. The CA ruled the according to Article 247 of the Labor Code provides: Art. 247. Grounds for Cancellation of Union Registration. The following may constitute grounds for cancellation of union registration:

1.) Misrepresentation, false statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of ratification, and the list of members who took part in the ratification;

2.)Misrepresentation, false statements or fraud in connection with the election of officers, minutes of the election of officers, and the list of voters;

3.) Voluntary dissolution by the members.

The petitioner was not able to establish to the court the violation alleged to the respondents, wherefore CA decision favored for BMDOMSI, and declaring the petition denied for lack of merit.