Union Member Relations – Election of Officers (Qualification/ Disqualification) the delegates in the convention still proceeded with the
onvention still proceeded with the election. The body/
00 ATTY. ALLAN S. MONTANO V. ATTY. ERNESTO C. VERCELES
July 2010, | Del Castillo, J. |
Petitioner/s: Atty. Allan S. Montaño
Respondent/s: Atty. Ernesto C. Verceles
Doctrine: The Federation/ Union's Constitutions and By-Laws govern the relationship
between and among its members, like ordinary contracts. Hence their provisions have
obligatory force upon the federation/ union and its members. What is expressly
stipulated in such are strictly binding on both parties.
Facts:
 Atty. Montaño worked as legal assistant of Federation of Free Workers (FFW)
Legal Center. Subsequently, he joined the union of rank and file employees, the
FFW Staff Association, and eventually became the employees’ union president.
Later, he was likewise designated officer in charge of FFW Legal Center.
 During the 21st National Convention and Election of National Officers of FFW,
Atty. Montaño was nominated for the position of National Vice-President.
 However, the Commission on Elections of FFW (FFW COMELEC), informed him
that he is not qualified for the position as his candidacy violates the 1998 FFW
Constitution and By-Laws, particularly Section 761 of Article XIX and Section 252
(a) of Article VIII, both in Chapter II thereof. Montaño filed an MR.
 Despite this, the those present in the National Convention allowed the elections
to push through. There, it was opposed by Atty. Ernesto C. Verceles (Atty.
Verceles), a delegate to the convention and president of University of the East
Employees’ Association (UEEA-FFW), which is an affiliate union of FFW.
 Montaño won the elections.
 Verceles protested Montaño’s candidacy before FFW COMELEC unfortunately,
the latter did not timely act on this (they were supposed to resolve all protests
within five days after the close of the election).
 Thus, Verceles, as President of UEEA FFW and officer of the Governing Board
of FFW, filed before the Bureau of Labor Relations (BLR) a petition for the
nullification of the election of Montaño as FFW National Vice-President.
 He alleged that, as already ruled by the FFW COMELEC, Atty. Montaño is
not qualified to run for the position because Section 76 of Article XIX of the
FFW Constitution and By-Laws prohibits federation employees from
sitting in its Governing Board.
 In response, Montaño claimed that: (1) the Regional Director of DOLE, and not
the BLR, had jurisdiction, (2) that the filing of the case was premature because of
the pending protest before the FFW COMELEC by Verceles, and that (3)
Verceles had no legal standing since he was not a real party in interest.
 Meanwhile FFW COMELEC sent a letter to the FFW President, which was later
used by Verceles in his argument, saying that they actually disqualified Montano,
based on the provisions of the FFW Constitution. Their decision was final, but
1
Section 76. Except as otherwise provided in this Constitution, no Member of the Governing Board shall at
the same time be an employee in the staff of the Federation.
2
Section 25. A Candidate/Nominee for the position of Governing Board Member, whether Titular or Deputy
shall, except as otherwise provided in this Constitution, possess the following qualifications:
a. he/she must be a bona fide member of the Federation for at least two (2) consecutive years and a member
of an affiliated organization which is up to date with its monthly dues to the Federation.
delegates were not a Constitutional Convention and had no power to amend the
FFW Constitution.
 BLR - dismissed the petition. Though it upheld its jurisdiction over the case and
Atty. Verceles' standing (since he was a president of an affiliate union), it held
that what was applicable was not Section 76 of Article XIX but Section 26 of
Article VIII3, and that Montaño sufficiently complied with the requirements and
that the delegates unanimously decided that Montaño was qualified to run.
 CA - set aside the BLR decision. It held that while Sec. 26 did apply, Montaño
was not able to comply with this as he was not an officer or member of a
legitimate labor organization. The CA held that he was a legal assistant, thus
considered a confidential employee, and is this ineligible to join FFW’s rank-and-
file union.
 Atty. Montaño filed an MR but was denied. Thus he filed the present case with
the Supreme Court.
Ruling:
W/N Montaño was qualified to run for FFW National Vice-President – NO, he
was unqualified. The FFW Constitution and By-Laws are clear that no member of
the Governing Board shall at the same time perform functions of a rank-and-file staff.
The FFW National Vice-President is a member of the Governing Board.
● There is no dispute that Atty. Montaño, at the time of his nomination and election
for the position was the head of the FFW Legal Center and the President of the
FFW Staff association. Even after being elected, he continued to perform his
functions as staff member of FFW and no evidence was presented to show that
he tendered his registration.
● The FFW COMELEC was correct in disqualifying Atty. Montaño. The FFW
COMELEC Is vested with authority and power under the FFW Constitution and
By-Laws to screen and determine the qualifications of candidates and their
eligibility to run for office. Thus it has sufficient authority to adopt its own
interpretation of provisions of the Federation's Constitution and By-Laws and
unless it is shown that there was GAOD, its decision should not be interfered
with.
W/N BLR has jurisdiction over intra-union disputes involving a federation –
YES. BLR and the Regional Directors of DOLE have concurrent jurisdiction over such
disputes.
● Section 226 of the Labor Code states: "The Bureau of Labor Relations and the
Labor Relations Divisions in the regional offices of the Department of Labor
shall have original and exclusive authority to act, at their own initiative or upon
request of either or both parties, on all inter-union and intra-union conflicts, and
all disputes, grievances or problems arising from or affecting labor-management
3 Section 26. A candidate for the position of National President, National Vice-President, and National
Treasurer shall possess the following qualifications:
a. a candidate must be a bona fide member of the Federation for at least two (2) consecutive years;
b. a candidate must be of good moral character and has not been convicted by a final judgment of a crime
involving moral turpitude before a candidate's election to office or during a candidate's incumbency;
c. except the Treasurer, a candidate must serve the Federation full time for the period of his/her incumbency;
d. a candidate for National President and National Vice-President must be or must have been an officer or
member of a legitimate labor organization in the FFW for at least three (3) years. A legitimate labor
organization shall mean a duly registered labor union as defined by the Labor Code as Amended.
 relations in all workplaces, whether agricultural or non-agricultural, except those
arising from the implementation or interpretation of collective bargaining
agreements which shall be the subject of grievance procedure and/or voluntary
arbitration."

W/N petition to annul Montaño's election was prematurely filed - NO. Atty.
Verceles actually already exhausted the proper remedies.
● Atty. Verceles already sought redress within the organization itself. The rules
provide that the FFW COMELEC shall endeavor to resolve protests during or
immediately after the close of election proceedings. Any unresolved issues
should be resolved within five days from the same.
● Atty. Verceles protested a day after the election yet the FFW COMELEC failed to
timely act upon such protest. Hence Atty. Verceles had no other speedy and
adequate remedy but to file with the courts.

Dispositive
WHEREFORE, the petition is DENIED. The assailed May 28, 2004 Decision of the
Court of Appeals in CA-G.R. SP No. 71731 nullifying the election of Atty. Allan S.
Montaño as FFW National Vice-President and the June 28, 2005 Resolution denying
the Motion for Reconsideration are AFFIRMED.

SO ORDERED.

Notes
None