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MARCOPPER MINING CORPORATION v. NLRC

This case has been cited 2 times or more.

2011-10-19
LEONARDO-DE CASTRO, J.
Again, it is worthwhile to highlight that a contrary interpretation of the Union Shop Clause would dilute its efficacy and put the certified union that is supposedly being protected thereby at the mercy of management.  For if the former FEBTC employees had no say in the merger of its former employer with another bank, as petitioner BPI repeatedly decries on their behalf, the Union likewise could not prevent BPI from proceeding with the merger which undisputedly affected the number of employees in the bargaining unit that the Union represents and may negatively impact on the Union's majority status. In this instance, we should be guided by the principle that courts must place a practical and realistic construction upon a CBA, giving due consideration to the context in which it is negotiated and purpose which it is intended to serve.[19]
2009-06-19
CARPIO, J.
As shown in the records of the case, petitioner freely and voluntarily entered into several deeds of absolute sale with other landowners affected by the Leyte-Cebu Interconnection Project for a P450 per square meter selling price from the years 1996 to 1997. These deeds were identified as: (1) a 3,659 square meter parcel of land (Lot No. 4387-A) situated in Barangay Tuburan Sur, Danao City, Cebu sold on 15 September 1997 pursuant to Resolution No. 02-97 dated 1 March 1997 of the Danao City Appraisal Committee;[24] (2) a 1,607.13 square meter parcel of land (Lot No. 3527-A) situated in Maslog, Danao City sold on 10 November 1997 pursuant to Resolution No. 09-96, series of 1996 dated 28 August 1996 of the Danao City Appraisal Committee;[25] (3) a 3,350 square meter parcel of land (Lot No. 3525, Case 4, Cad. 681-D), 1,391.33 square meter land (Lot No. 3813-A), 4,905.22 square meter land (Lot No. 3164-A), and 222.81 square meter land (Lot No. 3165-A), all situated in Maslog, Danao City, sold in 1996 pursuant to Resolution No. 07-96 dated 23 October 1996 of the Danao City Appraisal Committee;[26] (4) a 2,898.72 square meter parcel of land (Lot No. 6609-A) situated in Barangay Taboc, Danao City sold on 20 January 1997 pursuant to Resolution No. 09-97 dated 1 August 1997 of the Danao City Appraisal Committee;[27] and (5) a 4,354 square meter parcel of land (Lot No. 4139-A) situated in Barangay Tuburan Sur, Danao City sold on 12 September 1997 pursuant to Resolution No. 08-97 dated 11 July 1997 of the Danao City Appraisal Committee.[28]