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Case Title:
HOLY CROSS OF DAVAO COLLEGE,
INC., petitioner, vs. HON. JEROME
JOAQUIN, in his capacity as
Voluntary Arbitrator, and HOLY
CROSS OF DAVAO COLLEGE UNIONKALIPUNAN NG MANGGAGAWANG
PILIPINO (KAMAPI), respondents.
Citation: 263 SCRA 358
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1. ...Page Edit Line Top Where a
motion for extension of time to file
the record on appeal was made
within the original 30-day period, the
record on appeal subsequently
submitted is considered seasonably
filed. (Labitad vs. Court of Appeals,
246 SCRA 434 [1995]) o0o
G.R. No. 110007. October 18, 1996.
[*] HOLY CROSS OF DAVAO
COLLEGE, INC., petitioner, vs. HON.
JEROME JOAQUIN, in his capacity
as Voluntary Arbitrator, and HOLY
CROSS OF DAVAO COLLEGE
UNION-KALIPUNAN NG
MANGGAGAWANG PILIPINO
(KAMAPI), respondents. Labor Law;
Certiorari; In certiorari proceedings,
the inquiry is limited to the issue of
whether or not the respondent
official had acted without or in
excess of jurisdiction and
2. the court will not review
conclusions of fact.The Voluntary
Arbitrators conclusion that
petitioner Holy Cross had, in light of
the evidence on record, failed to
negotiate with KAMAPI, adjudged as
the collective bargaining agent of the
schools permanent and regular
teachers is a conclusion of fact
that the Court will not review, the
inquiry at bar being limited to the
issue of whether or not said
Voluntary Arbitrator had acted
without or in excess of his
jurisdiction, or with grave abuse of
discretion; nor does the Court see its
way clear, after analyzing the record,
to pronouncing that reasoned
conclusion to have been made so
whimsically, capriciously,
oppressively, or unjustifiably
359
359
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362
and wages of union members and future union members, and agency fees from
non-union members who avail of any benefits under the CBA, without need for
individual check-off authorization. 3 of the same Article provides that the
management shall remit the collections to the union. Rollo, pp. 23 and 42-3.
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20 See Art. 241 (n) and (o) of the Labor Code.
21 See Alcantara, Reviewer in Labor and Social Legislation at p. 211, 1988 ed.
22 Id.
23 Sec. 248 (i) of the Labor Code, as amended, provides that it shall be
unlawful for an employer to ** ** violate a collective bargaining agreement; and
under Art. 261 declares that except flagrant and/or malicious refusal to comply
with economic provi370
370
371
o0o