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GR No. 188020 27 June 2016 In the present case, no petition for certification election
challenging the majority status of SMART was filed during
Doctrine/s: the freedom period, which was from 1 Nov to 31 Dec 2004
Violation of the duty to bargain collectively is an unfair labor - the 60-day period prior to the expiration of the five-year
practice under Article 258(g) of the Labor Code. It is during the CBA. Therefore, SMART remained the exclusive
freedom period - or the last 60 days before the expiration of the bargaining agent of the rank-and file employees.
CBA - when another union may challenge the majority status of
the bargaining agent through the filing of a petition for a 2. Indeed, a corporation is not, as a general rule, entitled to
certification election. If there is no such petition filed during the moral damages. Being a mere artificial being, it is
freedom period, then the employer "shall continue to recognize incapable of experiencing physical suffering or sentiments
the majority status of the incumbent bargaining agent where no like wounded feelings, serious anxiety, mental anguish or
petition for certification election is filed." moral shock.
Issue/s:
1. W/N Ren Transport committed acts of unfair labor
practice – YES
2. W/N the CA erred in deleting the award of moral damages
to SMART – NO
Held: