This case has been cited 4 times or more.
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2014-07-23 |
BERSAMIN, J. |
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| The petitioner maintains that the ruling in Tagaytay Highlands International Golf Club Inc v. Tagaytay Highlands Employees Union-PTGWO[26] (Tagaytay Highlands) was inapplicable because it involved the co-mingling of supervisory and rank-and-file employees in one labor organization, while the issue here related to the mixture of membership between two employee groups one vested with the right to self-organization (i.e., the rank-and-file and supervisory employees), and the other deprived of such right (i.e., managerial and confidential employees); that suspension of the certification election was appropriate because a finding of "illegal mixture" of membership during a petition for the cancellation of union registration determined whether or not the union had met the 20% representation requirement under Article 234(c) of the Labor Code; [27] and that in holding that mixed membership was not a ground for canceling the union registration, except when such was done through misrepresentation, false representation or fraud under the circumstances enumerated in Article 239(a) and (c) of the Labor Code, the CA completely ignored the 20% requirement under Article 234(c) of the Labor Code. | |||||
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2011-09-05 |
BRION, J. |
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| Aspiras and Apolonio, in their joint Comment[14] dated June 16, 2003, asserted that "the contention that the alleged tape record[ing] is inadmissible in evidence by virtue of R. A. No. 4200 cannot hold water because[:] the matters covered are clothed with public interest - the interest of the Judiciary itself to stand with unblemished integrity."[15] | |||||
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2007-09-12 |
CHICO-NAZARIO, J. |
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| The Implementing Rules stipulate that a labor organization shall be deemed registered and vested with legal personality on the date of issuance of its certificate of registration. Once a certificate of registration is issued to a union, its legal personality cannot be subject to collateral attack.[40] It may be questioned only in an independent petition for cancellation in accordance with Section 5 of Rule V, Book V of the Implementing Rules. The aforementioned provision is enunciated in the following:Sec. 5. Effect of registration. The labor organization or workers' association shall be deemed registered and vested with legal personality on the date of issuance of its certificate of registration. Such legal personality cannot thereafter be subject to collateral attack, but may be questioned only in an independent petition for cancellation in accordance with these Rules. | |||||
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2005-08-16 |
TINGA, J. |
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| threshed out during pre-election conferences. Petitioner cites the cases of Toyota Motors and Progressive Development Corporation-Pizza Hut v. Ledesma[45] wherein the Court ruled that the question of prohibited membership of both supervisory and rank-and-file employees in the same union must be inquired into anterior to the granting of an order allowing a certification election; and that a union composed of both of these kinds of employees does not possess the requisite personality to file for recognition as a legitimate labor organization. It should be noted though that in the more recent case of Tagaytay Highlands International Golf Club v. Tagaytay Highlands Employees Union,[46] the Court, notwithstanding Toyota and Progressive, ruled that after a certificate of registration is issued to a union, its legal personality cannot be subject to collateral attack, but questioned only in an independent petition for cancellation.[47] | |||||