This case has been cited 3 times or more.
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2011-07-27 |
BRION, J. |
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| We, thus, find no compelling justification to nullify D.O. 40-03. Significantly, the Court declared in another case: [24] | |||||
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2005-08-16 |
TINGA, J. |
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| The case of Progressive Development Corp. v. Secretary of Labor,[20] applying Section 3, Rule II, Book V of the Implementing Rules, in force before 1997, ruled that "a local or chapter therefore becomes a legitimate labor organization only upon submission of the following to the BLR: (1) a charter certificate, within thirty (30) days from its issuance by the labor federation or national union; and (2) The constitution and by-laws, a statement of the set of officers, and the books of accounts all of which are certified under oath by the secretary or treasurer, as the case may be, of such local or chapter, and attested to by its president."[21] The submission by the local/chapter of duly certified books of accounts as a prerequisite for registration of the local/chapter was dropped in Department Order No. 9,[22] a development noted by the Court in Pagpalain Haulers v. Hon. Trajano,[23] wherein it was held that the previous doctrines requiring the submission of books of accounts as a prerequisite for the registration of a local/chapter "are already pass" and therefore, no longer applicable."[24] | |||||
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2005-04-29 |
CALLEJO, SR., J. |
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| SO ORDERED.[9] The CA stressed that a local or chapter need not be registered to become a legitimate labor organization. It pointed out that a local or chapter acquires legal personality as a labor organization from the date of filing of the complete documents enumerated in Section 1[10] of Rule VI of the Implementing Rules of Book V (as amended by Department Order [D.O.] No. 9). The CA held that the findings of the Labor Secretary was amply supported by the records; such findings would not be reversed since she is considered to have acquired expertise as her jurisdiction is confined to specific matters. The CA, citing the case of Pagpalain Haulers, Inc. vs. Trajano,[11] also upheld the validity of D.O. No. 9 since the petitioner failed to show that it was contrary to law or the Constitution. | |||||