Cruz, Sarah Jean J

Set 1 / Case No 10
GR No 128067
June 5, 1998
Samahan ng mga Manggagawa sa Filsystems (SAMAFIL-NAFLU-MU) vs.
Hon Secretary of Labor and Employment and Filsystems, Inc
FACTS: Samahan ng mga Manggagawa sa Filsystems (SAMAFIL) is a registered labor
union with a Certificate of Registration issued by the Department of Labor and
Employment (DOLE). Petitioner union filed a Petition for Certification Election among
the rank-and-file employee of Filsystems Inc before the DOLE-NCR. Filsystems Inc
opposed the petition questioning the status of petitioner as a legitimate labor
organization. The Med-Arbiter dismissed the petition on ground that the petitioner has
no legal personality. Meanwhile, another union, the Filsystems Workers Union (FWU)
filed a petition for Certification Election in the same bargaining agreement. The Med-
Arbitration-NCR Branch granted the petition and the Certification Election was won by
FWU thus became the exclusive bargaining agent of all rank-and-file employees of
Filsystems Inc. Eventually, FWU and Filsystems Inc negotiated a Collective Bargaining
Agreement (CBA). Filsystems Inc filed a Motion to Dismiss Appeal of petitioner as it has
become moot and academic. Respondent Secretary dismissed the appeal on the
ground that it has been rendered moot by the certification of FWU. Petitioners Motion
for reconsideration was denied in hence, this petition.
ISSUES: (1) WON the Med-Arbiter erred in dismissing SAMAFILs petition for
Certification Election;
(2) WON the appeal filed by the petitioner is moot and academic
HELD: YES. The Supreme Court ruled that the Med-Arbiter erred in dismissing
SAMAFILs petition for Certification Election stating that the latter is an independently
registered labor union and thus has the right to file a petition for Certification Election.
NO. The Supreme Court ruled that there was an unresolved representation case at the
time the CBA was entered between FWU and Filesystems Inc following Sec 4, Rule V
of the Implementing Rules of Book V of the Labor Code, such CBA cannot and will not
prejudice petitioners pending representation case or render the same moot.
Consequently, the SC granted the petition setting aside the assailed Resolution and
Order of the respondent Secretary and further ordering the BLR to hold a Certification
Election in Filsystems Inc with petitioner as a contenting union.