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SUKHOTHAI CUISINE v. CA

This case has been cited 6 times or more.

	GR No. 155109 2012-03-14	C. ALCANTARA v. CA PERALTA, J.
However, in a number of cases cited in Toyota Motor Phils. Corp. Workers Association (TMPCWA) v. National Labor Relations Commission,[51] we refrained from awarding separation pay or financial assistance to Union officers and members who were separated from service due to their participation in or commission of illegal acts during the strike.[52] In Pilipino Telephone Corporation v. Pilipino Telephone Employees Association (PILTEA),[53] the strike was found to be illegal because of procedural infirmities and for defiance of the Secretary of Labor's assumption order. Hence, we upheld the Union officers' dismissal without granting financial assistance. In Sukhotai Cuisine and Restaurant v. Court of Appeals,[54] and Manila Diamond Hotel and Resort, Inc. (Manila Diamond Hotel) v. Manila Diamond Hotel Employees Union,[55] the Union officers and members who participated in and committed illegal acts during the illegal strike were deemed to have lost their employment status and were not awarded financial assistance.
	GR No. 154113 2011-12-07	EDEN GLADYS ABARIA v. NLRC VILLARAMA, JR., J.
The above provision makes a distinction between workers and union officers who participate in an illegal strike: an ordinary striking worker cannot be terminated for mere participation in an illegal strike. There must be proof that he or she committed illegal acts during a strike. A union officer, on the other hand, may be terminated from work when he knowingly participates in an illegal strike, and like other workers, when he commits an illegal act during a strike. [52]
	GR No. 170830 2010-08-11	PHIMCO INDUSTRIES v. PHIMCO INDUSTRIES LABOR ASSOCIATION BRION, J.
Despite the validity of the purpose of a strike and compliance with the procedural requirements, a strike may still be held illegal where the means employed are illegal.[19] The means become illegal when they come within the prohibitions under Article 264(e) of the Labor Code which provides: No person engaged in picketing shall commit any act of violence, coercion or intimidation or obstruct the free ingress to or egress from the employer's premises for lawful purposes, or obstruct public thoroughfares.
	GR NO. 166879 2009-08-14	A. SORIANO AVIATION v. EMPLOYEES ASSOCIATION OF A. SORIANO AVIATION CARPIO MORALES, J.
Apropos is the following ruling in Sukhothai Cuisine v. Court of Appeals:[13]
	GR NOS. 158786 & 158789 2007-10-19	TOYOTA MOTOR PHILS. CORP. WORKERS ASSOCIATION v. NLRC VELASCO, JR., J.
A painstaking review of case law renders obtuse the Union's claim for separation pay. In a slew of cases, this Court refrained from awarding separation pay or financial assistance to union officers and members who were separated from service due to their participation in or commission of illegal acts during strikes. In the recent case of Pilipino Telephone Corporation v. Pilipino Telephone Employees Association (PILTEA),[74] this Court upheld the dismissal of union officers who participated and openly defied the return-to-work order issued by the DOLE Secretary. No separation pay or financial assistance was granted. In Sukhothai Cuisine and Restaurant v. Court of Appeals,[75] this Court declared that the union officers who participated in and the union members who committed illegal acts during the illegal strike have lost their employment status. In this case, the strike was held illegal because it violated agreements providing for arbitration. Again, there was no award of separation pay nor financial assistance. In Philippine Diamond Hotel and Resort, Inc. v. Manila Diamond Hotel Employees Union,[76] the strike was declared illegal because the means employed was illegal. We upheld the validity of dismissing union members who committed illegal acts during the strike, but again, without awarding separation pay or financial assistance to the erring employees. In Samahang Manggagawa sa Sulpicio Lines, Inc. v. Sulpicio Lines,[77] this Court upheld the dismissal of union officers who participated in an illegal strike sans any award of separation pay. Earlier, in Grand Boulevard Hotel v. Genuine Labor Organization of Workers in Hotel, Restaurant and Allied Industries,[78] we affirmed the dismissal of the Union's officers who participated in an illegal strike without awarding separation pay, despite the NLRC's declaration urging the company to give financial assistance to the dismissed employees.[79] In Interphil Laboratories Union-FFW, et al. v. Interphil Laboratories, Inc.,[80] this Court affirmed the dismissal of the union officers who led the concerted action in refusing to render overtime work and causing "work slowdowns." However, no separation pay or financial assistance was allowed. In CCBPI Postmix Workers Union v. NLRC,[81] this Court affirmed the dismissal of union officers who participated in the strike and the union members who committed illegal acts while on strike, without awarding them separation pay or financial assistance. In 1996, in Allied Banking Corporation v. NLRC,[82] this Court affirmed the dismissal of Union officers and members, who staged a strike despite the DOLE Secretary's issuance of a return to work order but did not award separation pay. In the earlier but more relevant case of Chua v. NLRC,[83] this Court deleted the NLRC's award of separation benefits to an employee who participated in an unlawful and violent strike, which strike resulted in multiple deaths and extensive property damage. In Chua, we viewed the infractions committed by the union officers and members as a serious misconduct which resulted in the deletion of the award of separation pay in conformance to the ruling in PLDT. Based on existing jurisprudence, the award of separation pay to the Union officials and members in the instant petitions cannot be sustained.
	GR NO. 168632 2006-10-16	FAR EASTERN UNIVERSITY - DR. NICANOR REYES MEDICAL FOUNDATION v. FEU-NRMF EMPLOYEES ASSOCIATION-ALLIANCE OF FILIPINO WORKERS CHICO-NAZARIO, J.
It is true that the strike may still be declared invalid where the means employed are illegal even if the procedural requisites before staging a strike were satisfied.[30] However, in the absence of evidence to support the allegations that the respondent union did not commit illegal acts during the strike, we are constrained to dismiss the allegations and uphold the strike as a valid exercise of the worker's constitutional right to self-organization and collective bargaining.