Malayang Samahan NG Mga Manggagawa Sa M. Greenfield v. Ramos

428 SUPREME COURT REPORTS ANNOTATED
Malayang Samahan ng mga Manggagawa

sa M Green.field vs. Ramos
G.R. No. 1 13907. February 28, 2000.
MALAYANG SAMAHAN NG MGA MANGGAGAWA SA M.

GREENFIELD (MSMG-UWP), ITS PRESIDENT BEDA
MAGDALENA VILLANUEVA, MARIO DAGANIO, DONATO
GUERRERO, BELLA P. SANCHEZ, ELENA TOBIS, RHODA
TAMAYO, LIWAYWAY MALLILIN, ELOISA SANTOS,
DOMINADOR REBULLO, JOSE IRLAND, TEOFILA
QUEJADA, VICENTE SAMONTINA, FELICITAS DURIAN,
ANTONIO POLDO, ANGELINA TUGNA, SALVADOR PE-
•THIRD DMSION.
429
VOL. 326, FEBRUARY 28, 2000 429

NALOSA, LUZVIMINDA TUBIG, ILUMINADA RIVERA,

ROMULO SUMILANG, NENITA BARBELONIA, LEVI
BASILIA, RICARDO PALAGA, MERCY ROBLES,
LEODEGARIO GARIN, DOMINGO ECLARINAL, MELCHOR
GALLARDO, MARCELO GARIN, ROSALINA BAUTISTA,
MARY ANN TALIGATOS, ALEJANDRO SANTOS, ANTONIO
FRAGA, LUZ GAPULTOS, MAGDALENA URSUA, EUGENIO
ORDAN, LIGAYA MANALO, PEPITO DELA PAZ, PERLITA
DIMAQUIAT, MYRNA VASQUEZ, FLORENTINA SAMPAGA,
ARACELI FRAGA, MAXIMINA FAUSTINO, MARINA TAN,
OLIGARIO LOMO, PRECILA EUSEBIO, SUSAN ABOGANO,
CAROLINA MANINANU, GINA GLIFONIA, OSCAR SOTTO,
CELEDONA MALIGAYA, EFREN VELASQUEZ, DELIA
ANOVER, JOSEPHINE TALIMORO, MAGDALENA TABOR,
NARCISA SARMIENTO, SUSAN MACASIEB, FELICIDAD
SISON, PRICELA CARTA, MILA MACAHILIG, CORAZON
NUNALA, VISITACION ELAMBRE, ELIZABETH INOFRE,
VIOLETA BARTE, LUZVIMINDA VILLOSA, NORMA
SALVADOR, ELIZABETH BOGATE, MERLYN BALBOA,
EUFRECINA SARMIENTO, SIMPLICIA BORLEO,
MATERNIDAD DAVID, LAILA JOP, POTENCIANA CULALA,
LUCIVITA NAVARRO, ROLANDO BOTIN, AMELITA
MAGALONA, AGNES CENA, NOLI BARTOLAY, DANTE
AQUINO, HERMINIA RILLON, CANDIDA APARIJADO,
LYDIA IlMENEZ, ELIZABETH ANOCHE, ALDA MURO,
TERESA VILLANUEVA, TERESITA RECUENCO, ELIZA
SERRANO, ESTELLA POLINAR, GERTRUDES NUNEZ,
FELIPE BADIOLA, ROSLYN FERNANDEZ, OSCAR PAGUTA,
NATIVIDAD BALIWAS, ELIZABETH BARCIBAL, CYNTHIA
ESTELLER, TEODORA SANTOS, ALICIA PILAR, MILA
PATENO, GLORIA CATRIZ, MILA MACAHILIG, ADELAIDA
DE LEON, ROSENDO EDILO, ARSENIA ESPIRITU,
NUMERIANO CABRERA, CONCEPSION ARRIOLA, PAULINA
DIMAPASOK, ANGELA SANGCO, PRESILA ARIAS,
ZENAIDA NUNES, EDITHA IGNACIO, ROSA GUIRON,
TERESITA CANETA, ALICIA ARRO, TEOFILO RUWETAS,
CARLING AGCAOILI, ROSA NOLASCO, GERLIE PALALON,
CLAUDIO DIRAS, LETICIA ALBOS, AURORA ALUBOG,
LOLITA ACALEN,
430

GREGORIO ALIVIO GUILLERMO ANICETA, ANGELIE

ANDRADA, SUSAN ANGELES, ISABELITA AURIN,
MANUELA AVELINA, CARLING AGCAOILI, TERESITA
ALANO, LOLITA AURIN, EMMABETH ARCIAGA,
CRESENCIA ACUNA, LUZVIMINDA ABINES, FLORENCIA
ADALID, OLIVIA AGUSTIN, EVANGELINE ALCORAN,
ROSALINA ALFERES, LORNA AMANTE, FLORENTINA
AMBITO, JULIETA AMANONCO, CARMEN AMARILLO,
JOSEFINA AMBAGAN, ZENAIDA ANAYA, MARIA ANGLO,
EDITHA ANTA ZO, MARY JANE ANTE, ANDREA AQUINO,
ROWENA ARABIT, MARIETA ARAGON, REBECCA
ARCENA, LYDIA ARCIDO, FERNANDO ARENAS,
GREGORIO ARGUELLES, EDITHA ARRIOLA, EMMA
ATIENZA, EMMA ATIENZA, TEODY ATIENZA, ELIZABETH
AUSTRIA, DIOSA AZARES, SOLIDA AZAINA, MILAGROS
BUAG, MARIA BANADERA, EDNALYN BRAGA, OFELIA
BITANGA, FREDISMINDA BUGUIS, VIOLETA
BALLESTEROS, ROSARIO BALLADJA Y, BETTY BORIO,
ROMANA BAUTISTA, SUSARA BRAVO, LILIA
BAHINGTING, ENIETA BALDOZA, DAMIANA BANGCORE,
HERMINIA BARIL, PETRONA BARRIOS, MILAGROS
BARRAMEDA, PERLA BAUTISTA, CLARITA BAUTISTA,
ROSALINA BAUTISTA, ADELINA BELGA, CONSOLACION
BENAS, MARIA BEREZO, MERCEDES BEREBER, VIOLETA
BISCOCHO, ERNESTO BRIONES, ALVINA BROSOTO,
AGUSTINA BUNYI, CARMEN BUGNOT, ERLINDA
BUENAFLOR, LITA BAQUIN, CONSEJO BABOL, CRISANTA
BACOLOD, CELIA DE BACTAT, MAZIMA BAGA, ELENA
BALADAD, ROSARIO BALADJAY, AMALIA BALAGTAS,
ANITA BALAGTAS, MARIA BALAK.IT, RUFINA BALATAN,
REBECCA BALDERAMA, AMELIA BALLESTER, BELEN
BARQUIO, BERNANDITA BASILIDES, HELEN BATO, HELEN
BAUTISTA, ROMANA BAUTISTA, ALMEDA BAYTA,
AVELINA BELAYON, NORMA DE BELEN, THELMA DE
BELEN, JOCELYN BELTRAN, ELENA BENITEZ, VIRGINIA
BERNARDINO, MERLINA BINUYAG, LINA BINUYA,
BLESILDA BISNAR, SHIRLEY BOLNAR, CRESENTACION
MEDLO, JOCELYN BONIFACIO, AMELIA BORBE, AMALIA
BOROMEO,
431
VOL. 326, FEBRUARY 28, 2000 43 1

sa M Greenfield vs. Ramos
ZENAIDA BRAVO, RODRIGO BEULDA, TERESITA MENDEZ,

ELENA CAMAN, LALIANE CANDELARIA, MARRY
CARUJANO, REVELINA CORANES, MARITESS CABRERA,
JUSTINA OLAZADA, APOLONIA DELA CRUZ, VICTORIA
CRUZ, JOSEFINA DELA CRUZ, MARITESS CATANGHAL,
EDNA CRUZ, LUCIA DE CASTRO, JOSIE CARIASO, OFELIA
CERVANTES, MEDITA CORTADO, AMALIA CASAJEROS,
LUCINA CASTILIO, EMMA CARPIO, ANACORITA CABALES,
YOLANDA CAMO, MILA CAMAZUELA, ANITA CANTO,
ESTELA CANCERAN, FEMENCIA CANCIO, CYNTHIA
CAPALAD, MERLE CASTILLO, JESUSA CASTRO, CECILIA
CASTILLO, SILVERITA CASTRODES, VIVIAN CELLANO,
NORMA CELINO, TERESITA CELSO, GLORIA COLINA,
EFIPANIA CONSTANTINO, SALVACION CONSULTA,
MEDITA CORTADO, AIDA CRUZ, MARISSA DELA CRUZ,
EDITO CORCILLES, JELYNE CRUZ, ROSA CORPOS, ROSITA
CUGONA, ELSIE CABELLES, EMMA CADUT, VICTORIA
CALANZA, BARBARA CALATA, IMELDA CALDERON,
CRISTINA CALIDGUID, EMMALINDA CAMALON, MARIA
CAMERINO, CARMENCITA CAMPO, CONNIE CANEZO,
LOURDES CAPANANG, MA. MILAGROS CAPILI, MYRNA T.
CAPIRAL, FLOR SAMPAGA, SUSAN B. CARINO, ROSARIO
CARIZON, VIRGINIA DEL CARMEN, EMMA CARPIO,
PRESCILA CARTA, FE CASERO, LUZ DE CASTRO, ANNA
CATARONGAN, JOSEFINA CASTISIMO, JOY MANALO,
EMMIE CAWALING, JOVITA CARA, MARINA CERBITO,
MARY CAREJANO, ESTELA R. CHAVEZ, CONCEPCION
PARAJA, GINA CLAUDIO, FLORDELIZA CORALES, EDITO
CORCIELER, ROSA C. CORROS, AMELIA CRUZ, JELYNE
CRUZ, WILFREDO DELA CRUZ, REINA CUEVAS, MARILOU
DEJECES, JOSEPHINE DESACULA, EDITHA DEE, EDITHA
DIAZ, VIRGIE DOMONDON, CELSA DOROPAW, VIOLETA
DUMELINA, MARIBEL DIMATATAC, ELBERTO DAGANIO,
LETECIA DAGOHOY, DINDO DALUZ, ANGELITA DANTES,
GLORIA DAYO, LUCIA DE CASTRO, CARLITA DE GUZMAN,
CARMEN DELA CRUZ, MERCY DE LEON, MARY DELOS
REYES, MARIETA DEPILO, MATILDE DIBLAS, WLIETA
DIMAYUGA, TEODORA DI-
432

MAYUGA, YOLANDA DOMDOM, LUCITA DONATO, NELMA

DORADO, RITA DORADO, SUSAN DUNTON, HERMINIA
SAN ESTEBAN, AMAL! EUGENIO, OLIVIA EUSOYA,
ERNESTO ESCOBIN, EVELYN ESCUREL, LYDIA ESCOBIN,
VICENTE E. ELOIDA, ELENA EGAR, GLORIA ERENO,
NORMA ESPIRIDION, ARSENIA ESPIRITU, AURORA
ESTACIO, DEMETRIA ESTONELO, MILAGROS FONSEGA,
LYDIA FLORENTINO, JULIA FARABIER, TRINIDAD
FATALLA, IMELDA FLORES, JESSINA FRANCO, MA .
CRISTINA FRIJAS, ESPECTACION FERRER, BERDENA

FLORES, LEONILA FRANCISCO, BERNARDA FAUSTINO,
DOLORES FACUNDO, CRESTITA FAMILARAN, EMELITA
FIGUERAS, MA VIRGINIA
. FLORENDO, AURORA
FRANCISCO, MA JESUSA FRANCISCO, NENITA FUENTES,
.
MARILOU GOLINGAN, WANITA GUERRERO, LYDIA

GUEVARRA, SOCORRO GONZAGA, PATRICIA GOMEO,
ROSALINDA GALAPIN, CARMELITA GALVEZ, TERESA
GLE, SONIA GONZALES, PRIMITA GOMEZ, THERESA
GALUA, JOSEFINA GELUA, BRENDA GONZAGA, FLORA
GALLARDO, LUCINDA GRACILLA, VICTORIA GOZUM,
NENITA GAMAO, EDNA GARCIA, DANILO GARCIA,
ROSARIO GIRAY, ARACELI GOMEZ, JOEMARIE GONZAGA,
NELIA GONZAGA, MARY GRACE GOZON, CARMEN
GONZALES, MERLITA GREGORIO, HERMINIA GONZALES,
CARLITA DE GUZMAN, MODESTA GABRENTINA, EDITHA
GADD!, SALVACIO GALIAS, MERLINDA GALIDO,
MELINDA GAMIT, JULIETA GARCIA, EMELITA GAVINO,
CHARITO GILLIA, GENERA GONEDA, CRESTITA
GONZALES, HERMINIA GONZALES, FRANCISCA GUILING,
JULIAN HERNANDEZ, GLECERIA HERRADURA, SUSANA
HIPOLITO, NERISSA HAZ, SUSAN HERNAEZ, APOLONIA
ISON, SUSAN IBARRA, LUDIVINA IGNACIO, CHOLITA
INFANTE, JULIETA ITURRIOS, ANITA IBO, MIRASOL
INGALLA, JULIO JARDINIANO, MERLITA JULAO, JULIETA
JULIAN, MARIBETH DE JOSE, JOSEPHINE JENER, IMELDA
JATAP. JULIETA JAVIER, SALOME JAVIER, VICTORIA
JAVIER, SALVACION JOMOLO, EDNA JARNE, LYDIA
JIMENEZ, TERESITA DE WAN, MARILYN LUARCA
433
VOL. 326, FEBRUARY 28, 2000 433

ROSITA LOSITO, ROSALINA LUMA YAG, LORNA LARGA,

CRESTETA DE LEON, ZENAIDA LEGASPI, ADELAIDA
LEON, IMELDA DE LEON, MELITINA LUMABI, LYDIA
LUMABI, ASUNCION LUMACANG, REGINA LAPIADRIO,
MELANIA LUBUGUAN, EVANGELINE LACAP, PELAGIA
LACSI, LORNA LAGUI, VIRGIE LAITAN, VIRGINIA LEE,
CRESTELITA DE LEON, FELICISIMA LEONERO, DIOSA
LOPE, ANGELITA LOPEZ, TERESITA LORICA, JUANITA
MENDIETA, JUANITA MARANQUEZ, JANET MALIFERO,
INAS MORADOS, MELANIE MANING, LUCENA
MABANGLO, CLARITA MEilA, IRENE MENDOZA, LILIA
MORTA, VIGINIA MARAY, CHARITO MASINAHON, FILMA
MALAYA, ROSITA MATIBAG, LORENZA MLINA, SABINA
DEL MUNDO, EDITHA MUYCO, NARCISA MABEZA, MA. FE
MACATANGAY, CONCEPCION MAGDARAOG, IMELDA
MARIYA, ELSA MALLARI, LIGAYA MANAHAN, SOLEDA
MANLAPAS, VIRGINIA MAPA, JOSEI MARCOS, LIBRADA
MARQUEZ, VIRGINIA MAZA, JULIANITA MENDIETA,
EDILBERTA MENDOZA, IRENE MERCADO, HELEN MEROY,
CRISTINA MEJARES, CECILIA MILLET, EMELITA MINON,
JOSEPHINE MIRANA, PERLITA MIRANO, EVANGELINE
MISBAL, ELEANOR MORALES, TERESITA MORILLA, LYDIA
NUDO, MYRIAM NAVAL, CAROLINA NOLIA, ALICIA
NUNEZ, MAGDALENA NAGUIDA, ELSA NICOL, LILIA
NACIONALES, MA. LIZA MABO, REMEDIOS NIEVES,
MARGARITA NUYLAN, TERESITA NIEVES, PORFERIA
NARAG, RHODORA NUCASA, CORAZON OCRAY, LILIA
OLIMPO, VERONA OVERENCIA, FERMIN OSENA,
FLORENCIA OLIYAROS, SOLEDAD OBEAS, NARISSA
OLIVEROS, PELAGIA ORTEGA, SUSAN ORTEGA, CRISTINA
PRENCIPE, PURITA PENGSON, REBECCA PACERAN, EDNA
PARINA, MARIETA PINAT, EPIFANIA PAJERLAN,
ROSALINA PASIBE, CECILIA DELA PAZ, LORETA PENA,
APOLONIA PALCONIT, FRANCISCO PAGUIO, LYDIA
PAMINTAHON, ELSIE PACALDO, TERESITA PADILLA,
MYRNA PINEDA, MERCEDITA PEREZ, NOVENA
PORLUCAS, TERESITA PODPOD, ADORACION PORNOBI,
ALICIA PERILLO, HELEN JOY PENDAL, LOURDES
PACHECO, LUZVIMINDA PA-
434

GALA, LORETA PAGAPULAN, FRANCISCO PAGUIO,
PRISCO PALACA, FLORA PAMINTUAN, NOEMI PARISALES,
JOSEPHINE PATRICIO, CRISTINA PE BENITO, ANGELA
PECO, ANGELITA PENA, ESTER PENONES, NORMA PEREZ,
MAURA PERSEVERANCIA, MARINA PETILLA, JOSIE PIA,
ZULVILITA PIODO, REBECCA PACERAN, CLARITA
POLICARPIO, MAXIMO POTENTO, PORFIRIO POTENTO,
FLORDELIZA PUMARAS, FERNANDO QUEVEDO, JULIANA
QUINDOZA, CHARITO QUIROZ, CARMELITA ROSINO,
RODELIA RAYONDOYON, FLORENCIA RAGOS, REBECCA
ROSALES, ROSALYN RIVERO, FRANCISCO RUIZ, FRANCIA
ROSERO, EMELY RUBIO, EDILBERTO RUIO, JUANA RUBY,
RAQUEL REYES, MERCY ROBLES, ESTELA RELANO,
ROSITA REYES, NIMFA RENDON, EPIFANIO RAMIRO,
MURIEL REALCO, BERNARDITA RED, LEONITA RODIL,
BENITA REBOLA, DELMA REGALARIO, LENY REDILLAS,
JULIETA DELA ROSA, FELICITAS DELA ROSA, SUSAN
RAFALLO, ELENA RONDINA, NORMA RACELIS, JOSEPHINE
RAGEL, ESPERANZA RAMIREZ, LUZVIMINDA RANADA,
CRISTINA RAPINSAN, JOCELYN RED, ORLANDO REYES,
TERESITA REYES, ANGELITA ROBERTO, DELIA ROCHA,
EDLTRUDES ROMERO, MELECIA ROSALES, ZENAIDA
ROTAO, BELEN RUBIS, FE RUEDA, SYLVIA
SONGCAYAWON, CRISTINA SANANO, NERCISA
SARMIENTO, HELEN SIBAL, ESTELITA SANTOS, NORMA
SILVESTRE, DARLITA SINGSON, EUFROCINA SARMIENTO,
MYRNA SAMSON, EMERLINA SADIA, LORNA SALAZAR,
AVELINA SALVADOR, NACIFORA SALAZAR, TITA SEUS,
MARIFE SANTOS, GRACIA SARMIENTO, ANGELITA
SUMANGIL, ELIZABETH SICAT, MA. VICTORIA SIDELA,
ANALITA SALVADOR, MARITES SANTOS, VIRGINIA
SANTOS, THELMA SARONG, NILDA SAYAT, FANCITA
SEGUNDO, FYNAIDA SAGUI, EDITHA SALAZAR, EDNA
SALZAR, EMMA SALENDARIO, SOLEDAD SAMSON, EDNA
SAN DIEGO, TERESITA SAN GABRIEL, GERTRUDES SAN
JOSE, EGLECERIA OSANCHEZ, ESTRELLA SANCHEZ,
CECILIA DELOS SANTOS, LUISA SEGOVIA, JOCELYN
SENDING, ELENA SONGALIA, FE
435
VOL. 326, FEBRUARY 28, 2000 435

LICITAS SORIANO, OFELIA TIBAYAN, AIDA TIRNIDA,

MONICA TIBAYAN, CRISTETA TAMBARAN, GLORIA
TACDA, NENVINA, FELINA TEVES, ANTONINA DELA
TORRE, MAXIMA TANILON, NENA TABAT, ZOSIMA
TOLOSA, MARITA TENOSO, IMELDA TANIO, LUZ TANIO,
EVANGELINE TAYO, JOSEFINA TINGTING, ARSENIA
TISOY, MAGDALENA TRAJANO, JOSEFINA UBALDE, GINA
UMALI, IRMA VALENZUELA, FELY VALDEZ, PAULINA
VALEZ, ROSELITA VALLENTE, LOURDES VELASCO, AIDA
VILLA, FRANCISCA VILLARITO, ZENAIDA VISMONTE,
DELIA VILLAMIEL, NENITA VASQUEZ, JOCELYN
VILLASIS, FERMARGARITA VARGAS, CELIA VALLE, MILA
CONCEPCION VIRAY, DOMINGA VALDEZ, LUZVIMINDA
VOCINA, MADELINE VIVERO, RUFINA VELASCO, AUREA
VIDALEON, GLORIA DEL VALLE, THELMA VALLOYAS,
CYNTHIA DELA VEGA, ADELA VILLAGOMEZ, TERESITA
VINLUAN, EUFEMIA VITAN, GLORIA VILLAFLORES,
EDORACION VALDEZ, ANGELITA VALDEZ, ILUMINADA
VALENCI, MYRNA VASQUEZ, EVELYN VEJERAMO,
TEODORA VELASQUEZ, EDAN VILLANUEVA, PURITA
VILLASENOR, SALVADOR WILSON, EMELINA YU, ADELFA
YU, ANA ABRIGUE, VIRGINIA ADOBAS, VICTORIA
ANTIPUESTO, MERCEDITA CASTILLO, JOCELYN CASTRO,
CREMENIA DELA CRUZ, JOSEPHINE IGNACIO, MELITA
ILILANGOS, LIGAYA LUMAYAT, DELIA LUMBES, ROSITA
LIBRADO, DELIA LAGRAMADA, GEMMA MAGPANTAY,
EMILY MENDOZA, FIDELA PANGANIBAN, LEONOR
RIZALDO, ILUMINDA RIVERA, DIVINA SAMBAYAN,
ELMERITA SOLAYAO, NANCY SAMALA, JOSIE SUMARAN,
LUZVIMINDA ABINES, ALMA ACOL, ROBERTO
ADRIATICO, GLORIA AGUINALDO, ROSARIO ALEYO,
CRISTETA ALEJANDRO, LILIA ALMOGUERA, CARMEN
AMARILLO, TRINIDAD ARDANIEL, CERINA AVENTAJADO,
ZENAIDA AVAYA, LOLITA ARABIS, MARIA ARSENIA,
SOFIA AGUINALDO, SALVE ABAD, JOSEFINA AMBANGAN,
EMILIA A QUINO, JOSEFINA AQUINO, JULIANA AUSAN,
AMERCIANA ACOSTA, CONCEPCION ALEROZA, DIANA
ADOVOS, FELY ADVINCULA, SEOMINTA ARIAS, JOSE
436
PHINE ARCEDE, NORMA AMISTOSO, PRESENTACION

ALONOS, EMMA ATIENZA, LEONIDA AQUINO, ANITA
ARILLON, ADELAIDA ARELLANO, NORMA AMISTOSO,
JOSEPHINE ARCEDE, SEMIONITA ARIAS, JOSEFINA
BANTUG, LOLITA BARTE, HERMINIA BASCO, MARGARITA
BOTARDO, RUFINO BUGNOT, LOLITA BUSTILLO, ISABEL
BALAK.IT, ROSARIO BARRERO, TESSIE BALBOS, NORMA
BENISANO, GUILLERMA BRUGES, BERNADETTE
BARTOLOME, SHIRLEY BELMONTE, MERONA BELZA,
AZUCENA BERNALES, JOSE BASCO, NIMPHA BANTOG,
BENILDA BUBAN, REGINA BUBAN, SALOME
BARRAMEDA, IRENE BISCO, FELICITAS BAUTISTA,
VIOLETA BURA, LINA BINUYA, BIBIANA BAARDE, ELSA
BAES, ANASTACIA BELONZO, SONIA BENOYO,
ELIZABETH BACUNGAN, PATRICIA BARRAMEDA,
ERLINDA BARCELONA, EMMA BANICO, APOLONIA
BUNAO, LUCITA BOLEA, PACIFICA BARCELONA, EDITHA
BASIJAN, RENITA BADAMA, ELENA BALADAD,
CRESENCIA BAJO, BERNADITA BASILID, MELINDA
BEATO, YOLANDA BATANES, EDITHA BORILLA, ANITA
BAS, ELSA CALIPUNDAN, MARIA CAMERINO, VIRGINIA
CAMPOSANO, MILAGROS CAPILI, CARINA CARINO,
EUFEMIA CASIHAN, NENITA CASTRO, FLORENCIA
CASUBUAN, GIRLIE CENTENO, MARIANITA CHIQUITO,
IMELDA DELA CRUZ, TEODOSIA CONG, TEOFILA
CARACOL, TERESITA CANTA, IRENEA CUNANAN, JULITA
CANDILOSAS, VIOLETA CIERES, MILAGROS DELA CRUZ,
FLOREPES CAPULONG, CARMENCITA CAMPO, MARILYN
CARILLO, RUTH DELA CRUZ, RITA CIJAS, LYDIA CASTOR,
VIRGIE CALUBAD, EMELITA CABERA, CRISTETA CRUZ,
ERLINDA COGADAS, IMELDA CALDERON, SUSIE LUZ
CEZAR, ESTELA CHAVEZ, NORMA CABRERA, ELDA
DAGATAN, LEONISA DIMACUNA, ERNA DUGTONG,
FLORDELISA DIGMA, VIRGILIO DADIOS, LOLITA DAGTA,
ADELAIDA DORADO, CELSA DATUMANONG, VIRGINIA
DOCTOLERO, EDNA SAN DIEGO, JULIETA DANG, JULIETA
DORANTINAO, LOLITA DAGANO, JUDITH DIAZ, MARIA
ENICANE, MARITA ESCARDE, ENRIMITA ESMAYOR,
ROSARIO EPIRITU, REMEDIOS EMBOLTORIO,
437
VOL. 326, FEBRUARY 28, 2000 437

IRENE ESTUITA, TERESITA ERESE, ERMELINDA ELEZO,

MARIA ESTAREJA, MERLITA ESQUERRA, YOLANDA
FELICITAS, FRUTO FRANCIA, MARTHA FRUTO, LILIA
FLORES, SALVACION FORTALESA, mDITH FAJARDO,
SUSANA FERNANDO, EDWIN FRANCISCO, NENITA
GREGORY, ROSA CAMILO, MARIVIC GERRARDO,
CHARITA GOREMBALEM, NORMA GRANDE, DOLORES
GUTIERREZ, CHARLIE GARCIA, LUZ GALVEZ, ADELAIDA
GAMILLA, LUZ GAPULTOS, ERLINDA GARCIA, HELEN
GARCIA, ERLINDA GAUDIA, FRANCISCA GUILING, MINTA
HERRERA, ASUNCION HONOA, JUAN HERNANDEZ,
LUCERIA ANNA MAE HERNANDEZ, JULIANA
HERNANDEZ, EDITHA IGNACIO, ANITA INOCENCIO,
EULALIA INSORIO, ESTELITA IRLANDA, MILAGROS
IGNACIO, LINDA JABONILLO, ADELIMA JAEL, ROWENA
JARABJO, ROBERT JAVILINAR, CLARITA JOSE,
CARMENCITA JUNDEZ, SOFIA LALUCIS, GLORIA
LABITORIA, ANGELITA LODES, ERLINDA LATOGA,
EVELYN LEGASPI, ROMEO LIMCHOCO, JESUS LARA,
ESTRELLA DE LUNA, LORETA LAREZA, JOSEPHINE
ALSCO, MERCY DE LEON, CONSOLACION LIBAO,
MARILYN LIWAG, TERESITA LIZAZO, LILIA MACAPAGAL,
SALVACION MACAREZA, AMELIA MADO, TERESITA
MADRIAGA, JOVITA MAGNAYE, JEAN MALABAD,
FRANCISCA MENDOZA, NELCITA MANGANTANG,
TERESITA NELLA, GENEROZA MERCADO, CRISTETA
MOJANA, BERNARDA MONGADO, LYDIA MIRANDA, ELISA
MADRILEJOS, LOIDA MAGSINO, AMELIA MALTO, JULITA
MAHIBA, MYRNA MAYORES, LUISA MARAIG, FLORENCIA
MARAIG, EMMA MONZON, IMELDA MAGDANGAN,
VICTORIA MARTIN, NOEMI MANGUILLO, BASILIZA
MEDINA, VICTORIO MERCADO, ESTELA MAYPA, EMILIA
MENDOZA, LINA MAGPANTAY, FELICIANA MANLOLO,
ELENA MANACOP, WILMA MORENO, JUANA MENDOZA,
EVELYN DEL MUNDO, ROSIE MATUTINA, MATILDE
MANALO, TERESITA MENDEZ, FELIPINA MAGONCIA,
MARIA MANZANO, LIGAYA MANALO, LETICIA MARCHA,
MARINA MANDIGMA, LETICIA MANDASOC, PRESCILLA
MAR-
438

TINEZ, JULIA MENDOZA, PACITA MAGALLANES,

ANGELINA MARJES, SHIRLEY MELIGRITO, IRENE
MERCADO, ELISA MAATUBANG, MARCELINA NICOLAS,
AGUSTINA NICOLAS, ROSA NOLASCO, WILMA NILA YE,
VIOLETA ORACION, ANGELA OSTAYA, WANITA OSAYOS,
MAGDALENA OCAMPO, MARDIANA OCTA, ROSELA OPAO,
LIBRADA OCAMPO, YOLANDA OLIVER, MARCIA
ORLANDA, PAGDUNAN, RITA PABILONA, MYRA PALACA,
BETHLEHEM PALINES, GINA PALIG� NORMA PALIG�
DELMA PEREZ, CLAUDIA PRADO JULIE PUTONG,
LUDIVINA PAGSALINGAN, MERLYN PANALIGAN,
VIOLETA PANAMBITAN, NOREN PAR, ERLINDA PARAGAS,
MILA PARINO, REBECCA PENAFLOR IMELDA PENAMORA,
JERMICILLIN PERALTA, REBECCA PIAPES, EDITHA PILAR,
MAROBETH PILLADO, DIOSCORO PIMENTEL, AURORA
LAS PINAS, EVANGELINA PINON, MA. NITA PONDOC, MA.
MERCEDES PODPOD, ANGELITO PANDEZ, LIGAYA
PIGTAIN, LEONILA QUIAMBAO, ELENA QUINO, MARITESS
QUIJANO, CHOLITA REBUENO, LOLITA REYES, JOCELYN
RAMOS, ROSITA RAMIREZ, ELINORA RAMOS, ISABEL
RAMOS, ANNABELLE RESURRECCION, EMMA REYES,
ALILY ROXAS, MARY GRACE DELOS REYES, JOCELYN
DEL ROSARIO, JOSEFINA RABUSA, ANGELITA ROTAIRO,
SAMCETA ROSETA, EDERLINA RUIZ, ZENAIDA ROSARIO,
BENITA REBOLA, ROSITA REVILLA, ROSITA SANTOS,
ROWENA SALAZAR, EMILYN SARMIENTO, ANA SENIS,
ELOISA SANTOS, NARCISA SONGLIAD, ELMA SONGALIA,
AMPARA SABIO, JESSIE SANCHEZ, VIVIAN SAMILO,
GLORIA SUMALINOG, ROSALINA DELOS SANTOS,
MARIETA SOMBRERO, HELEN SERRETARIO, TEODORO
SULIT, BELLA SONGUINES, LINDA SARANTAN, ESTELLA
SALABAR, MILAGROS SISON, GLORIA T ALIDAGA,
CECILIA TEODORO, ROMILLA TUAZON, AMELITA
TABULAO, MACARIA TORRES, LUTGARDA TUSI, ESTELLA
TORREJOS, VICTORIA TAN, MERLITA DELA VEGA,
WEVINA ORENCIA, REMEDIOS BALECHA, TERESITA
TIBAR, LACHICA LEONORA, JULITA YBUT, JOSEFINA
ZABALA, WINNIE ZALDARIAGA, BENHUR
439
VOL. 326, FEBRUARY 28, 2000 439

ANTENERO, MARCELINA ANTENERO, ANTONINA

ALAPAN, EDITHA ANTOZO, ROWENA ARABIT, ANDRA
AQUINO, TERESITA ANGULO, MARIA ANGLO, MYRNA
ALBOS, ELENITA AUSTRIA, ANNA ABRIGUE, VIRGINIA
ADOBAS, VICTORIA ANTIPUESTO, REMEDIOS BOLECHE,
MACARIA BARRIOS, TIIELMA BELEN, ESTELLA
BARRETTO, JOCELYN CHAVEZ, VIRGINIA CAPISTRANO,
BENEDICTA CINCO, YOLLY CATPANG, REINA CUEVAS,
VICTORIA CALANZA, FE CASERO, ROBERTA CATALBAS,
LOURDES CAPANANG, CLEMENCIA CRUZ, JOCELYN
COSTO, MERCEDITA CASTILLO, EDITHA DEE, LUCITA
DONATO, NORMA ESPIRIDION, LORETA FERNANDEZ,
AURORA FRANCISCO, VILMA FAJARDO, MODESTA
GABRENTINA, TERESITA GABRIEL, SALVACION GAMBOA,
JOSEPHINE IGNACIO, SUSAN IBARRA, ESPERANZA
JABSON, OSCAR JAMBARO, ROSANNA JARDIN, CORAZON
JALOCON, ZENAIDA LEGASPI, DELIA LAGRAMADA,
ROSITA LIBRANDO, LIGAYA LUMAYOT, DELIA LUMBIS,
LEONORA LANCHICA, RELAGIA LACS!, JOSEFINA LUMBO,
VIOLETA DE LUNA, EVELYN MADRID, TERESITA
MORILLA, GEMMA MAGPANTAY, EMILY MENDOZA,
!RENEA MEDINA, NARCISA MABEZA, ROSANNA MEDINA,
DELIA MARTINEZ, ROSARIO MAG-ISA, EDITHA MENDOZA,
EDILBERTA MENDOZA, FIDELA PANGANIBAN, OFELIA
PANGANIBAN, AZUCENA POSTGO, LOURDES PACHECO,
LILIA PAD ILLA, MARISSA PEREZ, FLORDELIZA PUMARES,
LUZ REYES, NORMA RACELIS, LEONOR RIZALDO, JOSIE
SUMASAR, NANCY SAMALA, EMERLITA SOLAYAO,
MERCEDITA SAMANIEGO, BLANDINA SIMBULAN,
JOCELYN SENDING, LUISITA TABERRERO, TERESITA
TIBAR, ESTERLINA VALDEZ, GLORIA VEJERANO,
ILUMINADA VALENCIA, MERLITA DELA VEGA, VIRGIE
LAITAN, JULIET VILLARAMA, LUISISTA OCAMPO, NARIO
ANDRES, ANSELMA TULFO, GLORIA MATEO, FLANIA
MENDOZA, CONNIE CANGO, EDITHA SALAZAR, MYRNA
DELOS SANTOS, TERESITA SERGIO, CHARITO GILLA,
FLORENTINA HERNAEZ, BERNARDINO VIRGINIA, AMPO
ANACORITA, SYLVIA
440

POASADAS, ESTRELLA ESPIRITU, CONCORDIA

LUZURIAGA, MARINA CERBITO, EMMA REYES, NOEMI
PENISALES, CLARITA POLICARPIO, BELEN BANGUIO,
HERMINIA ADVINCULA, LILIA MORTA, REGINA
LAPIDARIO, LORNA LARGA, TERESITA VINLUAN, MARITA
TENOSO, NILDS SAYAT, THELMA SARONG, DELMA
REGALIS, SUSAN RAFAULO, ELENA RONDINA, MYRNA
PIENDA, VIOLETA DUMELINA, FLORENCIA ADALID,
FILMA MELAYA, ERLINDA DE BAUTISTA, MATILDE DE
BLAS, DOLORES FACUNDO, REBECCA LEDAMA, MA. FE
MACATANGAY, EMELITA MINON, NORMA PAGUIO, ELIZA
VASQUEZ, GLORIA VILLARINO, MA. JESUS FRANCISCO,
TERESITA. GURPIDO, LIGAYA MANALO, FE PINEDA,
MIRIAM OCMAR, LUISA SEGOVIA, TEODY ATIENZA,
SOLEDA AZCURE, CARMEN DELA CRUZ, DEMETRIA
ESTONELO, MA. FLORIDA LOZANO, IMELDA MAHIYA,
EDILBERTA MENDOZA, SYLVIA POSADAS, SUSANA
ORTEGA, JOSEPHINE D. TALIMORO, TERESITA LORECA,
ARSENIA TISOY, LIGAYA MANALO, TERESITA GURPIO, FE
PINEDA, and MARIA JESUS FRANCISCO, petitioners, vs. HON.
CRESENCIO J. RAMOS, NATIONAL LABOR RELATIONS
COMMISSION, M. GREENFIELD (B), INC., SAUL TAWIL,
CARLOS T. JAVELOSA, RENATO C. PUANGCO, WINCEL
LIGOT, MARCIANO HALOG, GODOFREDO PACENO, SR.,
GERVACIO CASILLANO, LORENZO ITAOC, ATTY.
GODOFREDO PACENO, JR., MARGARITO CABRERA,
GAUDENCIO RACHO, SANTIAGO IBANEZ, AND RODRIGO
AGUILING, respondents.
Labor Law; National Labor Relations Commission; There is nothing
irregular in the temporary designation of an NLRC Commissioner from one
division to complete another division, for the law empowers the Chairman to
make temporary assignments whenever the required cancurrence is not met;
The territorial divisions of the National Labor Relations Commission do not
confer exclusive jurisdiction to each division and are merely designed for
administrative efficiency.-It must be remembered that during the pendency
of the case in the First Division of the NLRC, one of the three
commissioners, Commissioner Romeo Putong, retired, leaving Chairman
Bartolome Carale and Commissioner Vicente Veloso III. Subsequently,
441
VOL. 326, FEBRUARY 28, 2000 441
sa M. Greenfield vs. Ramos
Commissioner Veloso inhibited himself from the case because the counsel
for the petitioners was his former classmate in law school. The First
Division was thus left with only one commissioner. Since the law requires
the concurrence of two commissioners to arrive at a judgment or resolution,
the Commission was constrained to temporarily designate a commissioner
from another division to complete the First Division. There is nothing
irregular at all in such a temporary designation for the law empowers the
Chairman to make temporary assignments whenever the required
concurrence is not met. The law does not say that a commissioner from the
first division cannot be temporarily assigned to the second or third division
to fill the gap or vice versa. The territorial divisions do not confer exclusive
jurisdiction to each division and are merely designed for administrative
efficiency.
Same; Collective Bargaining Agreements; Union Security Clauses; Due

Process; Although union security clauses embodied in the collective
bargaining agreement may be validly enforced and dismissals pursuant
thereto may likewise be valid, this does not erode the fandamental
requirement of due process.-This ruling of the NLRC is erroneous.
Although this Court has ruled that union security clauses embodied in the
collective bargaining agreement may be validly enforced and that dismissals
pursuant thereto may likewise be valid, this does not erode the fundamental
requirement of due process. The reason behind the enforcement of union
security clauses which is the sanctity and inviolability of contracts cannot
override one's right to due process.
Same; Same; Same; Same; An employer cannot rely merely upon a
labor federation's allegations in terminating union officers expelled by the
federation for allegedly committing acts of disloyalty and lor inimical to the
interest of the federation and in violation of its Constitution and By-Laws
the company must also inquire into the cause of the expulsion and whether
or not the federation had sufficient grounds to eff ect the same.-In the case
under scrutiny, petitioner union officers were expelled by the federation for
allegedly committing acts of disloyalty and/or inimical to the interest of
ULGWP and in violation of its Constitution and By-laws. Upon demand of
the federation, the company terminated the petitioners without conducting a
separate and independent investigation. Respondent company did not inquire
into the cause of the expulsion and whether or not the federation had
sufficient grounds to effect
442
the same. Relying merely upon the federation's allegations, respondent

company terminated petitioners from employment when a separate inquiry
could have revealed if the federation had acted arbitrarily and capriciously in
expelling the union officers. Respondent company's allegation that
petitioners were accorded due process is belied by the termination letters
received by the petitioners which state that the dismissal shall be immediately
effective.
Same; Same; Same; Same; The right of an employee to be informed of

the charges against him and to reasonable opportunity to present his side in
a controversy with either the company or his own union is not wiped away
by a union security clause or a union shop clause in a collective bargaining
agreement.-As held in the aforecited case of Carino, "the right of an
employee to be informed of the charges against him and to reasonable
opportunity to present his side in a controversy with either the company or
his own union is not wiped away by a union security clause or a union shop
clause in a collective bargaining agreement. An employee is entitled to be
protected not only from a company which disregards his rights but also from
his own union the leadership of which could yield to the temptation of swift
and arbitrary expulsion from membership and mere dismissal from his job."
Same; Same; Same; Same; Even assuming that a federation had valid
grounds to expel union officers, due process requires that these union
officers be accorded a separate hearing by the company.- While
respondent company may validly dismiss the employees expelled by the
union for disloyalty under the union security clause of the collective
bargaining agreement upon the recommendation by the union, this dismissal
should not be done hastily and summarily thereby eroding the employees'
right to due process, self-organization and security of tenure. The
enforcement of union security clauses is authorized by law provided such
enforcement is not characteriz.ed by arbitrariness, and always with due
process. Even on the assumption that the federation had valid grounds to
expel the union officers, due process requires that these union officers be
accorded a separate hearing by respondent company.
Same; Same; Same; Intra-Union Disputes; Illegal Dismissal; While it

is true that the issue of expulsion of local union officers is originally
between the local union and the federation, hence, intraunion in character,
the issue is later on converted into a termination
443
VOL. 326, FEBRUARY 28, 2000 443
dispute when the company dismisses the union officers from work without
the benefi.t of a separate notice and hearing; Notwithstanding the fact that
the dismissal was at the instance of a labor federation which undertook to
hold the companyfree from any liability resulting from such a dismissal, the
company may still be held liable if it was remiss in its duty to accord the
would-be dismissed emplayees their right to be heard on the matter. - In its
decision, public respondent also declared that if complainants (herein
petitioners) have any recourse in law, their right of action is against the
federation and not against the company or its officers, relying on the
findings of the Labor Secretary that the issue of expulsion of petitioner
union officers by the federation is a purely intra-union matter. Again, such a
contention is untenable. While it is true that the issue of expulsion of the
local union officers is originally between the local union and the federation,
hence, intra-union in character, the issue was later on converted into a
termination dispute when the company dismissed the petitioners from work
without the benefit of a separate notice and hearing. As a matter of fact, the
records reveal that the termination was effective on the same day that the
termination notice was served on the petitioners, xxx Thus, notwithstanding
the fact that the dismissal was at the instance of the federation and that it
undertook to hold the company free from any liability resulting from such a
dismissal, the company may still be held liable if it was remiss in its duty to
accord the would-be dismissed employees their right to be heard on the
matter.
Same; Same; Same; Same; Jurisdiction; The issue of whether or not the
federation had reasonable grounds to expel the petitioner union officers is
properly within the original and exclusive jurisdiction of the Bureau of
Labor Relations, being an intra-union conflict.-Although the issue of
whether or not the federation had reasonable grounds to expel the petitioner
union officers is properly within the original and exclusive jurisdiction of the
Bureau of Labor Relations, being an intra-union conflict, this Court deems it
justifiable that such issue be nonetheless ruled upon, as the Labor Arbiter
did, for to remand the same to the Bureau of Labor Relations would be to
intolerably delay the case.
Same; Evidence; The Supreme Court will not uphold erroneous

conclusions of the National Labor Relations Commission as when it finds
insufficient or insubstantial evidence on record to support those factual;
findings, or when it is perceived that far too much is con-
444
eluded, inferred or deduced from the bare or incomplete facts appearing of

record.-It is well-settled that findings of facts of the NLRC are entitled to
great respect and are generally binding on this Court, but it is equally well
settled that the Court will not uphold erroneous conclusions of the NLRC as
when the Court fmds insufficient or insubstantial evidence on record to
support those factual findings. The same holds true when it is perceived that
far too much is concluded, inferred or deduced from the bare or incomplete
facts appearing of record.
Same; Unions; Disaffiliations; Freedom of Association; A local union

has the right to disaffiliate from its mother union or declare its autonomy,
and such disaffiliation cannot be considered disloyalty; In the absence of
specific pravisions in the federation's constitution prohibiting disaffiliation
or the declaration of autonomy of a local union, a local union may dissociate
from its parent union.-A local union has the right to disaffiliate from its
mother union or declare its autonomy. A local union, being a separate and
voluntary association, is free to serve the interests of all its members
including the freedom to disaffiliate or declare its autonomy from the
federation to which it belongs when circumstances warrant, in accordance
with the constitutional guarantee of freedom of association, xx x Thus, a
local union which has affiliated itself with a federation is free to sever such
affiliation anytime and such disaffiliation cannot be considered disloyalty. In
the absence of specific provisions in the federation's constitution prohibiting
disaffiliation or the declaration of autonomy of a local union, a local may
dissociate with its parent union.
Same; Same; Strikes; Unfair Labor Practices; Even if the allegations of

unfair labor practice are subsequently found out to be untrue, the
presumption of legality of the strike prevails.--On the submission that the
strike was illegal for being grounded on a non-strikeable issue, that is, the
intra-union conflict between the federation and the local union, it bears
reiterating that when respondent company dismissed the union officers, the
issue was transformed into a termination dispute and brought respondent
company into the picture. Petitioners believed in good faith that in
dismissing them upon request by the federation, respondent company was
guilty of unfair labor practice in that it violated the petitioner's right to self
organization. The strike was staged to protest respondent company's act of
dismissing the union officers. Even if the allegations of unfair
445
VOL. 326, FEBRUARY 28, 2000 445
labor practice are subsequently found out to be untrue, the presumption of

legality of the strike prevails.
Same; Same; Same; Same; No Strike., No Lockout Clause; A no strike.,

no lockout provision can only be invoked when the strike is economic in
nature, i.e., to force wage or other concessions from the employer which he
is not required by law to grant. - Another reason why the Labor Arbiter
declared the strike illegal is due to the existence of a no strike, no lockout
provision in the CBA Again, such a ruling is erroneous. A no strike, no
lock out provision can only be invoked when the strike is economic in
nature, i.e. to force wage or other concessions from the employer which he is
not required by law to grant. Such a provision cannot be used to assail the
legality of a strike which is grounded on unfair labor practice, as was the
honest belief of herein petitioners. Again, whether or not there was indeed
unfair labor practice does not affect the strike.
Same; Same; Same; Where violence was committed on both sides

during a strike, such violence cannot be a ground for declaring the strike as
illegal.--On the allegation of violence committed in the comse of the

strike, it must be remembered that the Labor Arbiter and the Commission
found that ''the parties are agreed that there were violent incidents xxx
resulting to injuries to both sides, the union and management." The evidence
on record show that the violence cannot be attributed to the striking
employees alone for the company itself employed hired men to pacify the
strikers. With violence committed on both sides, the management and the
employees, such violence cannot be a ground for declaring the strike as
illegal.
Same; Abandonment; Requisites.-Jurisprudence holds that for

abandonment of work to exist, it is essential (1) that the employee must have
failed to report for work or must have been absent without valid or
justifiable reason; and (2) that there must have been a clear intention to sever
the employer-employee relationship manifested by some overt acts.
Deliberate and unjustified refusal on the part of the employee to go back to
his work post and resume his employment must be established. Absence
must be accompanied by overt acts unerringly pointing to the fact that the
employee simply does not want to work anymore. And the burden of proof
to show that there was unjustified refusal to go back to work rests on the
employer.
446
Same; Same; The filing of a complaint for illegal dismissal is

inconsistent with the allegation of abandonment.-This Court has ruled
that an employee who took steps to protest his lay-off cannot be said to have
abandoned his work. The filing of a complaint for illegal dismissal is
inconsistent with the allegation of abandonment. In the case under
consideration, the petitioners did, in fact, file a complaint when they were
refused reinstatement by respondent company.
Same; Union Security Clauses; Unfair Labor Practices; Due Process;

Dismissals pursuant to union security clauses are valid and legal subject
only to the requirement of due process; Dismissal of an employee by the
company pursuant to a labor union's demand in accordance with a union
security agreement does not constitute unfair labor practice.-Anent public
respondent's fmding that there was no unfair labor practice on the part of
respondent company and federation officers, the Court sustains the same. As
earlier discussed, union security clauses in collective bargaining agreements,
if freely and voluntarily entered into, are valid and binding. Corrolarily,
dismissals pursuant to union security clauses are valid and legal subject only
to the requirement of due process, that is, notice and hearing prior to
dismissal. Thus, the dismissal of an employee by the company pursuant to a
labor union's demand in accordance with a union security agreement does
not constitute unfair labor practice.
Same; Corporation Law; Company officials cannot be held personally

liable for damages on account of the employees' dismissal because the
employer corporation has a personality separate and distinct from its
officers who merely acted as its agents.-The Court is of the opinion, and
so holds, that respondent company officials cannot be held personally liable
for damages on account of the employees' dismissal because the employer
corporation has a personality separate and distinct from its officers who
merely acted as its agents.
Same; Illegal Dismissal; Backwages; An employee who is dismissed,
whether or not for just or authorized cause but without prior notice of his
termination, is entitled to full backwages from the time he was terminated
until the decision in his case becomes jiMl, when the dismissal was for
cause; and in case the dismissal was without just or valid cause, the
backwages shall be compu.tedfrom the time of his dismissal until his actual
reinstatement.-In Ruben Serrano vs.
447
VOL. 326, FEBRUARY 28, 2000 447
Malayang Samahan ng mga Manggagawa sa M Green.field vs. Ramos
NLRC and Isetann Department Store (G.R. No. 117040, January 27, 2000),
the Court ruled that an employee who is dismissed, whether or not for just
or authorized cause but without prior notice of his termination, is entitled to
full backwages from the time he was terminated until the decision in his case
becomes final, when the dismissal was for cause; and in case the dismissal
was without just or valid cause, the backwages shall be computed from the
time of his dismissal until his actual reinstatement. In the case at bar, where
the requirement of notice and hearing was not complied with, the aforecited
doctrine laid down in the Serrano case applies.
SPECIAL CIVIL ACTION in the Supreme Court. Certiorari.
The facts are stated in the opinion of the Court.

Potenciano A. Flores, Jr. for petitioners.
Gonzales, Batiller, Biloz & Associates for respondents C.
Javelosa and R. Caoleng.
Angara, Abello, Concepcion, Rega/a & Cruz for respondents
Company and its Officers.
PURISIMA, J.:
At bar is a Petition for Certiorari under Rule 65 of the Revised Rules

of Court to annul the decision of the National Labor Relations
Commission in an unfair labor practice case instituted, by a local
union against its employer company and the officers of its national
federation.
The petitioner, Malayang Samahan ng mga Manggagawa sa M.
Greenfield, Inc., (B) (MSMG), hereinafter referred to as the "local
union," is an affiliate of the private respondent, United Lumber and
General Workers of the Philippines (ULGWP), referred to as the
"federation." The collective bargaining agreement between MSMG
and M. Greenfield, Inc. names the parties as follows:
''This agreement made and entered into by and between:
448

M. GREENFIELD, INC. (B) a corporation duly organized in accordance

with the laws of the Republic of the Philippines with office address at Km.
14, Merville Road, Parafi.aque, Metro Manila, represented in this act by its
General Manager, Mr. Carlos T. Javelosa, hereinafter referred to as the
Company;
- and-
MALAYANG SAMAHAN NG MGA MANGGAGAWA SA M.

GREENFIELD (B) (MSMG)/UNITED LUMBER AND GENERAL
WORKERS OF THE PHILIPPINES (ULGWP), a legitimate labor
organization with address at Suite 404, Trinity Building , T.M. Kalaw
Street, Manila, represented in this act by a Negotiating Committee headed by
its National President, Mr. Godofredo Paceno, Sr., referred to in this
I
Agreement as the UNION."
The CBA includes, among others, the following pertinent

prov1s10ns:
Article II-Union Security

Section 1. Coverage and Scope.-All employees who are covered by this
Agreement and presently members of the UNION shall remain members of
the UNION for the duration of this Agreement as a condition precedent to
continued employment with the COMPANY.
xxx xxx
xxx xxx
Section 4. Dismissal.-An.y such employee mentioned in Section 2

hereof, who fails to maintain his membership in the UNION for non
payment of UNION dues, for resignation and for violation of UNION'S
Constitution and By-Laws and any new employee as defined in Section 2 of
this Article shall upon written notice of such failure to join or to maintain
membership in the UNION and upon written recommendation to the
COMPANY by the UNION, be dismissed from the employment by the
COMPANY; provided, however, that the UNION shall hold the COMPANY
free and blameless from any and all liabilities that may arise should the
dismissed employee
'Rollo, p. 29.
449
VOL. 326, FEBRUARY 28, 2000 449

question, in any manner, his dismissal; provided, further that the matter of
the employee's dismissal under this Article may be submitted as a grievance
under Article XIII and, provided, finally, that no such written
recommendation shall be made upon the COMPANY nor shall COMPANY
be compelled to act upon any such recommendation within the period of
sixty (60) days prior to the expiry date of this Agreement conformably to
law. "
Article IX
Section 4. Program Fund.-The Company shall provide the amount of

Pl0,000.00 a month for a continuing labor education program which shall be
2
remitted to the Federation xxx."
On September 12, 1986, a local union election was held under the
auspices of the ULGWP wherein the herein petitioner, Beda
Magdalena Villanueva, and the other union officers were proclaimed
as winners. Minutes of the said election were duly filed with the
Bureau of Labor Relations on September 29, 1986.
On March 21, 1987, a Petition for Impeachment was filed with
the national federation ULGWP by the defeated candidates in the
aforementioned election.
On June 16, 1987, the federation conducted an audit of the local
union funds. The investigation did not yield any unfavorable result
and the local union officers were cleared of the charges of anomaly
in the custody, handling and disposition of the union funds.
The 14 defeated candidates filed a Petition for
Impeachment/Expulsion of the local union officers with the DOLE
NCR on November 5, 1987, docketed as NCR-OD-M-11-780-87.
However, the same was dismissed on March 2, 1988, by Med
Arbiter Renato Parungo for failure to substantiate the charges and to
present evidence in support of the allegations.
On April 17, 1988, the local union held a general membership
meeting at the Caruncho Complex in Pasig. Several union members
failed to attend the meeting, prompting the
Ubid., pp. 30-31, pp. 823-824.
450

Executive Board to create a committee tasked to investigate the non

attendance of several union members in the said assembly, pursuant
to Sections 4 and 5, Article V of the Constitution and By-Laws of
the union, which read:
"Seksyon 4. Ang mga kinukusang hindi pagdalo o hindi paglahok sa lahat ng

hakbangin ng unyon ng sinwnang kasapi o pinuno ay maaaring maging sanhi
ng pagtitiwalag o pagpapataw ng multa ng hlndi hihigit sa P50.00 sa bawat
araw na nagkulang.
Sebyon 5. Ang sinumang dadalo na aalis ng hlndi pa natatapos ang
pulong ay ituturing na pagliban at maparusahan ito ng alinsunod sa Article
V, Seksyong 4 ng Saligang Batas na ito. Sino mang kasapi o opisyales na
mahuli ang dating sa takdang oras ng di lalampas sa isang oras ay
magmumulta ng P25.00 at babawasin sa sahod sa parnamagitan ng salary
deduction3 at hlgit sa isang oras ng pagdating ng huli ay ituturing na
pagliban.
On June 27, 1988, the local union wrote respondent company a letter
requesting it to deduct the union fmes from the wages/salaries of
those union members who failed to attend the general membership
meeting. A portion of the said letter stated:
"x x x xxx xxx

In connection with Section 4 Article II of our existing Collective
Bargaining Agreement, please deduct the amount of P50.00 from each of the
union members named in said annexes on the payroll of July 2-8, 1988 as
4
fine for their failure to attend said general membership meeting."
In a Memorandum dated July 3, 1988, the Secretary General of the

national federation, Godofredo Pacefi.o, Jr. disapproved the
resolution of the local union imposing the P50.00 fine. The union
officers protested such action by the Federation in a Reply dated
July 4, 1988.
3 Rollo, p. 34.
4 Rollo, p. 35.
451
VOL. 326, FEBRUARY 28, 2000 451
Malayang Samahan ng mga Manggagawa sa M Greenfield vs.

Ramos
On July 11, 1988, the Federation wrote respondent company a letter

advising the latter not to deduct the fifty-peso fine from the salaries
of the union members requesting that:
''x x x any and all future representations by MSMG affecting a number of

members be first cleared from the federation before corresponding action by
s
the Company. "
The following day, respondent company sent a reply to petitioner

union's request in a letter, stating that it cannot deduct fmes from the
employees' salary without going against certain laws. The company
suggested that the union refer the matter to the proper government
office for resolution in order to avoid placing the company in the
middle of the issue.
The imposition of P50.00 fine became the subject of bitter
disagreement between the Federation and the local union
culminating in the latter's declaration of general autonomy from the
former through Resolution No. 10 passed by the local executive
board and ratified by the general membership on July 16, 1988.
In retaliation, the national federation asked respondent company
to stop the remittance of the local union's share in the education
funds effective August 1 988. This was objected to by the local union
which demanded that the education fund be remitted to it in full.
The company was thus constrained to file a Complaint
lnterpleader with a Petition for Declaratory Relief with the Med
Arbitration Branch of the Department of Labor and Employment,
docketed as Case No. OD-M-8-435-88. This was resolved on
October 28, 1988, by Med-Arbiter Anastacio Bactin in an Order,
disposing thus:
''WHEREFORE, premises considered, It is hereby ordered:

1. That the United Lumber and General Workers of the Philippines
(ULGWP) through its local union officers shall administer the collective
bargaining agreement (CBA).
s Ibid., p. 40.
452

2. That petitioner company shall remit the Pl0,000.00

monthly labor education program fund to the ULGWP
subject to the condition that it shall use the said amount for
its intended purpose.
3. That the Treasurer of the MSMG shall be authorized to

collect from the 356 union members the amount of PS0.00
as penalty for their failure to attend the general membership
assembly on April 17, 1988.
However, if the MSMG Officers could present the individual written

authorizations of the 356 union members, then the company is obliged to
6
deduct from the salaries of the 356 union members the P50.00 fine."
On appeal, Director Pura-Ferrer Calleja issued a Resolution dated

February 7, 1989, which modified in part the earlier disposition, to
wit:
''WHEREFORE, premises considered, the appealed portion is hereby

modified to the extent that the company should remit the amount of five
thousand pesos (P5,000.00) of the Pl0,000.00 monthly labor education
program fund to ULGWP and the other7 P5,000.00 to MSMG, both unions to
use the same for its intended purpose."
Meanwhile, on September 2, 1988, several local unions (Top Form,

M. Greenfield, Grosby, Triumph International, General Milling, and
Vander Hons chapters) filed a Petition for Audit and Examination of
the federation and education funds of ULGWP which was granted
by Med-Arbiter Rasidali Abdullah on December 25, 1988 in an
Order which directed the audit and examination of the books of
account of ULGWP.
On September 30, 1988, the officials ofULGWP called a Special
National Executive Board Meeting at Nasipit, Agusan del Norte
where a Resolution was passed placing the MSMG under trusteeship
and appointing respondent Cesar Clarete as administrator.
6 Rollo, p. 47.
7 Ibid, p. 48.
453
VOL. 326, FEBRUARY 28, 2000 453

On October 27, 1988, the said administrator wrote the respondent

company informing the latter of its designation of a certain Alfredo
Kalingking as local union president and "disauthorizing" the
incumbent union officers from representing the employees. This
action by the national federation was protested by the petitioners in a
letter to respondent company dated November 1 1, 1988.
On November 13, 1988, the petitioner union officers received
identical letters from the administrator requiring them to explain
within 72 hours why they should not be removed from their office
and expelled from union membership.
On November 26, 1988, petitioners replied:
(a) Questioning the validity of the alleged National Executive

Board Resolution placing their union under trusteeship;
(b) Justifying the action of their union in declaring a general
autonomy from ULGWP due to the latter's inability to give
proper educational, organizational and legal services to its
affiliates and the pendency of the audit of the federation
funds;
(c) Advising that their union did not commit any act of
disloyalty as it has remained an affiliate of ULGWP;
(d) Giving ULGWP a period of five (5) days to cease and
desist from further committing acts of coerc10n,
8
intimidation and harassment.
However, as early as November 21, 1988, the officers were expelled

from the ULGWP. The termination letter read:
''Effective today, November 21, 1988, you are hereby expelled from
UNITED LUMBER AND GENERAL WORKERS OF THE PIIlLIPPINES
(ULGWP) for committing acts of disloyalty and/or acts inimical to the
interest and violative to the Constitution and bylaws of your federation.
You failed and/or refused to offer an explanation inspite of the time
granted to you.
s Rollo, pp. 1522-1523.
454

Since you are no longer a member of good standing, ULGWP is constrained

to recommend for your termination from your employment, and provided in
Article II, Section 4, known as UNION SECURITY, in the Collective
9
Bargaining Agreement."
On the same day, the federation advised respondent company of the

expulsion of the 30 union officers and demanded their separation
from employment pursuant to the Union Security Clause in their
collective bargaining agreement. This demand was reiterated twice,
through letters dated February 21 and March 4, 1 989, respectively,
to respondent company.
Thereafter, the Federation filed a Notice of Strike with the
National Conciliation and Mediation Board to compel the company
to effect the immediate termination of the expelled union officers.
On March 7, 1989, under the pressure of a threatened strike,
respondent company terminated the 30 union officers from
employment, serving them identical copies of the termination letter
reproduced below:
We received a demand letter dated 21 November 1988 from the United
Lumber and General Work.ers of the Philippines (ULGWP) demanding for
your dismissal from employment pursuant to the provisions of Article II,
Section 4 of the existing Collective Bargaining Agreement (CBA). In the
said demand letter, ULGWP informed us that as of November 21, 1988, you
were expelled from the said federation "for committing acts of disloyalty
and/or acts inimical to the interest of ULGWP and violative to its
Constitution and By-laws particularly Article V, Sections 6, 9, and 12,
Article XIII, Section 8."
In subsequent letters dated 21 February and 4 March 1989, the ULGWP
reiterated its demand for your dismissal, pointing out that notwithstanding
your expulsion from the federation, you have continued in your employment
with the company in violation of Secs. 1 and 4 of Article II of our CBA, and
of existing provisions of law.
In view thereof, we are left with no alternative but to comply with the
provisions of the Union Security Clause of our CBA. Ac-
9 Ibid., pp. 1523-1524.
455
VOL. 326, FEBRUARY 28, 2000 455

cordingly, we hereby serve notice upon you that we are dismissing you from
your employment with M. Greenfield, Inc., pursuant to Sections 1 and 4,
1
Article II of the CBA effective immediately."
On that same day, the expelled union officers assigned in the first
shift were physically or bodily brought out of the company premises
by the company's security guards. Likewise, those assigned to the
second shift were not allowed to report for work. This provoked
some of the members of the local union to demonstrate their protest
for the dismissal of the said union officers. Some union members
left their work posts and walked out of the company premises.
On the other hand, the Federation, having achieved its objective,
withdrew the Notice of Strike filed with the NCMB.
On March 8, 1989, the petitioners filed a Notice of Strike with
the NCMB, DOLE, Manila, docketed as Case No. NCMB-NCR-NS-
03-216-89, alleging the following grounds for the strike:
(a) Discrimination
(b) Interference in union activities
(c) Mass dismissal of union officers and shop stewards
(d) Threats, coercion and intimidation
(e) Union busting
The following day, March 9, 1989, a strike vote referendum was

conducted and out of 2, 103 union members who cast their votes,
2,086 members voted to declare a strike.
On March 10, 1989, the thirty (30) dismissed union officers filed
an urgent petition, docketed as Case No. NCMB-NCR-NS-03-21 6-
89, with the Office of the Secretary of the Department of Labor and
Employment praying for the suspension of the effects of their
termination from employment. However, the petition was dismissed
by then Secretary Franklin Drilon on April 1 1 , 1989, the pertinent
portion of which stated as follows:
10 Rollo, pp. 58-59.
456

Ramos
"At this point in time, it is clear that the dispute at M. Greenfield is purely
an i ntra-union matter. No mass lay-off is evident as the terminations have
been limited to those allegedly leading the secessionist group leaving
MSMG-ULGWP to form a union under the KMU. xxx
xxx xxx xxx
WHEREFORE, finding no sufficient jurisdiction to warrant the exercise

of our extraordinary authority under Article 277 (b) of the Labor Code, as
amended, the instant Petition is hereby DISMISSED for lack of merit.
11
SO ORDERED. "
On March 13 and 14, 1989, a total of 78 union shop stewards were

placed under preventive suspension by respondent company. This
prompted the union members to again stage a walk-out and resulted
in the official declaration of strike at around 3 :30 in the afternoon of
March 14, 1989. The strike was attended with violence, force and
intimidation on both sides resulting to physical injuries to several
employees, both striking and non-striking, and damage to company
properties.
The employees who participated in the strike and allegedly
figured in the violent incident were placed under preventive
suspension by respondent company. The company also sent return
to-work notices to the home addresses of the striking employees
thrice successively, on March 27, April 8 and April 3 1 , 1989,
respectively. However, respondent company admitted that only 261
employees were eventually accepted back to work. Those who did
not respond to the return-to-work notice were sent termination
letters dated May 17, 1989, reproduced below:
M. Greenfield Inc., (B)

Km. 14, Merville Rd., Paraiiaque, M.M.
May 17, 1989
xxx
On March 14, 1989, without justifiable cause and without due

notice, you left your work assignment at the prejudice of the
Com-
11 Rollo, p. 937.
457
VOL. 326, FEBRUARY 28, 2000 457

Ramos
pany's operations. On March 27, April 1 1 , and April 21, 1989,

we sent you notices to report to the Company. Inspite of your
receipt of said notices, we have not heard from you up to this
date.
Accordingly, for your failure to report, it is construed that
you have effectively abandoned your employment and the
Company is, therefore, constrained to dismiss you for said
cause.
Very truly yours,

M. GREENFIELD, INC., (B)
By:
WENZEL STEPHEN LIGOT 12
Asst. HRD Manager"
On August 7, 1989, the petitioners filed a verified complaint with

the Arbitration Branch, National Capital Region, DOLE, Manila,
docketed as Case No. NCR-00-09-04199-89, charging private
respondents of unfair labor practice which consists of union busting,
illegal dismissal, illegal suspension, interference in union activities,
discrimination, threats, intimidation, coercion, violence, and
oppress10n.
After the filing of the complaint, the lease contracts on the
respondent company's office and factory at Merville Subdivision,
Parafiaque expired and were not renewed. Upon demand of the
owners of the premises, the company was compelled to vacate its
office and factory.
Thereafter, the company transferred its administration and
account/client servicing department at AFP-RSBS Industrial Park in
Taguig, Metro Manila. For failure to find a suitable place in Metro
Manila for relocation of its factory and manufacturing operations,
the company was constrained to move the said departments to
Tacloban, Leyte. Hence, on April 16, 1990, respondent company
accordingly notified its employees of a temporary shutdown in
operations. Employees who were interested in relocating to
Tacloban were advised to enlist on or before April 23, 1990.
12 Rollo, p. 837.
458

The complaint for unfair labor practice was assigned to Labor

Arbiter Manuel Asuncion but was thereafter reassigned to Labor
Arbiter Cresencio Ramos when respondents moved to inhibit him
from acting on the case.
On December 15, 1992, finding the termination to be valid in
compliance with the union security clause of the collective
bargaining agreement, Labor Arbiter Cresencio Ramos dismissed
the complaint.
Petitioners then appealed to the NLRC. During its pendency,
Commissioner Romeo Putong retired from the service, leaving only
two commissioners, Commissioner Vicente Veloso III and Hon.
Chairman Bartolome Carale in the First Division. When
Commissioner Veloso inhibited himself from the case,
Commissioner Joaquin Tanodra of the Third Division was
temporarily designated to sit in the First Division for the proper
disposition of the case.
The First Division affirmed the Labor Arbiter's disposition. With
the denial of their motion for reconsideration on Janu-ary 28, 1994,
petitioners elevated the case to this Court, attributing grave abuse of
discretion to public respondent NLRC in:
I. UPHOLDING THE DISMISSAL OF THE UNION

OFFICERS BY RESPONDENT COMPANY AS VALID;
II. HOLDING THAT THE STRIKE STAGED BY THE
PETITIONERS AS ILLEGAL;
III. HOLDING THAT THE PETITIONER EMPLOYEES
WERE DEEMED TO HAVE ABANDONED THEIR
WORK AND HENCE, VALIDLY DISMISSED BY
RESPONDENT COMPANY AND
IV. NOT FINDING RESPONDENT COMPANY AND
RESPONDENT FEDERATION OFFICERS GUILTY OF
ACTS OF UNFAIR LABOR PRACTICE.
Notwithstanding the several issues raised by the petitioners and

respondents in the voluminous pleadings presented before the NLRC
and this Court, they revolve around and
459
VOL. 326, FEBRUARY 28, 2000 459

proceed from the issue of whether or not respondent company was

justified in dismissing petitioner employees merely upon the labor
federation's demand for the enforcement of the union security clause
embodied in their collective bargaining agreement.
Before delving into the main issue, the procedural flaw pointed
out by the petitioners should first be resolved.
Petitioners contend that the decision rendered by the First
Division of the NLRC is not valid because Commissioner Tanodra,
who is from the Third Division, did not have any lawful authority to
sit, much less write the ponencia, on a case pending before the First
Division. It is claimed that a commissioner from one division of the
NLRC cannot be assigned or temporarily designated to another
division because each division is assigned a particular territorial
jurisdiction. Thus, the decision rendered did not have any legal
effect at all for being irregularly issued.
Petitioners' argument is misplaced. Article 213 of the Labor
Code in enumerating the powers of the Chairman of the National
Labor Relations Commission provides that:
''The concurrence of two (2) Commissioners of a division shall be necessary

for the pronouncement of a judgment or resolution. Whenever the required
membership in a division is not complete and the concurrence of two (2)
commissioners to arrive at a judgment or resolution cannot be obtained, the
Chairman shall designate such number of additional Commissioners from
the other divisions as may be necessary."
It must be remembered that during the pendency of the case in the

First Division of the NLRC, one of the three commissioners,
Commissioner Romeo Putong, retired, leaving Chairman Bartolome
Carale and Commissioner Vicente Veloso ill . Subsequently,
Commissioner Veloso inhibited himself from the case because the
counsel for the petitioners was his former classmate in law school.
The First Division was thus left with only one commissioner. Since
the law requires the concurrence of two commissioners to arrive at a
judgment or resolution, the Commission was constrained to
460

temporarily designate a commissioner from another division to

complete the First Division. There is nothing irregular at all in such
a temporary designation for the law empowers the Chairman to
make temporary assignments whenever the required concurrence is
not met. The law does not say that a commissioner from the first
division cannot be temporarily assigned to the second or third
division to fill the gap or vice versa. The territorial divisions do not
confer exclusive jurisdiction to each division and are merely
designed for administrative efficiency.
Going into the merits of the case, the court finds that the
Complaint for unfair labor practice filed by the petitioners against
respondent company which charges union busting, illegal dismissal,
illegal suspension, interference in union activities, discrimination,
threats, intimidation, coercion, violence, and oppression actually
proceeds from one main issue which is the termination of several
employees by respondent company upon the demand of the labor
federation pursuant to the union security clause embodied in their
collective bargaining agreement.
Petitioners contend that their dismissal from work was effected in
an arbitrary, hasty, capricious and illegal manner because it was
undertaken by the respondent company without any pnor
administrative investigation; that, had respondent company
conducted prior independent investigation it would have found that
their expulsion from the union was unlawful similarly for lack of
prior administrative investigation; that the federation cannot
recommend the dismissal of the union officers because it was not a
principal party to the collective bargaining agreement between the
company and the union; that public respondents acted with grave
abuse of discretion when they declared petitioners' dismissals as
valid and the union strike as illegal and in not declaring that
respondents were guilty of unfair labor practice.
Private respondents, on the other hand, maintain that the thirty
dismissed employees who were former officers of the federation
have no cause of action against the company, the termination of their
employment having been made upon the
461
VOL. 326, FEBRUARY 28, 2000 461

demand of the federation pursuant to the union security clause of the

CBA; the expelled officers of the local union were accorded due
process of law prior to their expulsion from their federation; that the
strike conducted by the petitioners was illegal for noncompliance
with the requirements; that the employees who participated in the
illegal strike and in the commission of violence thereof were validly
terminated from work; that petitioners were deemed to have
abandoned their employment when they did not respond to the three
return to work notices sent to them; that petitioner labor union has
no legal personality to file and prosecute the case for and on behalf
of the individual employees as the right to do so is personal to the
latter; and that, the officers of respondent company cannot be liable
because as mere corporate officers, they acted within the scope of
their authority.
Public respondent, through the Labor Arbiter, ruled that the
dismissed union officers were validly and legally terminated because
the dismissal was effected in compliance with the union security
clause of the CBA which is the law between the parties. And this
was affirmed by the Commission on appeal. Moreover, the Labor
Arbiter declared that notwithstanding the lack of a prior
administrative investigation by respondent company, under the
union security clause provision in the CBA, the company cannot
look into the legality or illegality of the recommendation to dismiss
by the union and the obligation to dismiss is ministerial on the part
13
of the company.
This ruling of the NLRC is erroneous. Although this Court has
ruled that union security clauses embodied in the collective
bargaining agreement may be validly enforced and that dismissals
pursuant thereto may likewise be valid, this does not erode the
fundamental requirement of due process. The reason behind the
enforcement of union security clauses
13 Decision ofthe Labor Arbiter, p. 16 (p. 197 of Rollo).
462

14
which is the sanctity and inviolability of contracts cannot override

one's right to due process.
IS
In the case of Carino vs. National Labor Relations Commission,

this Court pronounced that while the company, under a maintenance
of membership provision of the collective bargaining agreement, is
bound to dismiss any employee expelled by the union for disloyalty
upon its written request, this undertaking should not be done hastily
and summarily. The company acts in bad faith in dismissing a
worker without giving him the benefit of a hearing.
''The power to dismiss is a normal prerogative of the employer. However,

this is not without limitation. The employer is bound to exercise caution in
tenninating the services of his employees especially so when it is made upon
the request of a labor union pursuant to the Collective Bargaining
Agreement, x x x. Dismissals must not be arbitrary and capricious. Due
process must be observed in dismissing an employee because it affects not
only his position but also his means of livelihood. Employers should respect
and protect the rights of their employees, which include the right to labor."
In the case under scrutiny, petitioner union officers were expelled by

the federation for allegedly committing acts of disloyalty and/or
inimical to the interest of ULGWP and in violation of its
Constitution and By-laws. Upon demand of the federation, the
company terminated the petitioners without conducting a separate
and independent investigation. Respondent company did not inquire
into the cause of the expulsion and whether or not the federation had
sufficient grounds to effect the same. Relying merely upon the
federation's allegations, respondent company terminated petitioners
from employment when a separate inquiry could have revealed if the
federation had acted arbitrarily and capriciously in expelling the
union officers. Respondent company's allegation that
14 Tanduay Distillery Labor Union vs. NLRC, 149 SCRA 470 citing Victoria's
Milling Co., Inc. vs. Victorias-Manapla Workers' Organization, 9 SCRA 154.
15 G.R. No. 91086, 8 May 1990, 185 SCRA 177.
463
VOL. 326, FEBRUARY 28, 2000 463

petitioners were accorded due process is belied by the termination

letters received by the petitioners which state that the dismissal shall
be immediately effective.
As held in the aforecited case of Carifio, "the right of an
employee to be informed of the charges against him and to
reasonable opportunity to present his side in a controversy with
either the company or his own union is not wiped away by a union
security clause or a union shop clause in a collective bargaining
agreement. An employee is entitled to be protected not only from a
company which disregards his rights but also from his own union
the leadership of which could yield to the temptation of swift and
arbitrary expulsion from membership and mere dismissal from his
job."
While respondent company may validly dismiss the employees
expelled by the union for disloyalty under the union security clause
of the collective bargaining agreement upon the recommendation by
the union, this dismissal should not be done hastily and summarily
thereby eroding the employees' right to due process, self
organization and security of tenure. The enforcement of union
security clauses is authorized by law provided such enforcement is
16
not characterized by arbitrariness, and always with due process.

Even on the assumption that the federation had valid grounds to
expel the union officers, due process requires that these union
officers be accorded a separate hearing by respondent company.
In its decision, public respondent also declared that if
complainants (herein petitioners) have any recourse in law, their
right of action is against the federation and not against the company
or its officers, relying on the findings of the Labor Secretary that the
issue of expulsion of petitioner union officers by the federation is a
purely intra-union matter.
Again, such a contention is untenable. While it is true that the
issue of expulsion of the local union officers is originally between
the local union and the federation, hence, intra-
16 Sanyo Philippines Workers Union-PSSLU vs. Canizares, 211 SCRA 361.
464

union in character, the issue was later on converted into a

termination dispute when the company dismissed the petitioners
from work without the benefit of a separate notice and hearing. As a
matter of fact, the records reveal that the termination was effective
on the same day that the termination notice was served on the
petitioners.
In the case of Liberty Cotton Mills Workers Union vs. Liberty
17
Cotton Mills, Inc., the Court held the company liable for the
payment of backwages for having acted in bad faith in effecting the
dismissal of the employees.
"x xx Bad faith on the part of the respondent company may be gleaned from
the fact that the petitioner workers were dismissed hastily and summarily. At
best, it was guilty of a tortious act, for which it must assume solidary
liability, since it apparently chose to sununarily dismiss the workers at the
union's instance secure in the union's contractual undertaking that the union
would hold it 'free from any liability' arising from such dismissal."
Thus, notwithstanding the fact that the dismissal was at the instance
of the federation and that it undertook to hold the company free from
any liability resulting from such a dismissal, the company may still
be held liable if it was remiss in its duty to accord the would-be
dismissed employees their right to be heard on the matter.
Anent petitioners contention that the federation was not a
principal party to the collective bargaining agreement between the
company and the union, suffice it to say that the matter was already
ruled upon in the Interpleader case filed by respondent company.
Med-Arbiter Anastacio Bactin thus ruled:
After a careful examination of the facts and evidences presented by the
parties, this Officer hereby renders its decision as follows:
1. ) It appears on record that in the Collective Bargaining Agreement
(CBA) which took effect on July 1, 1986, the contracting
11 90 SCRA 391.
465
VOL. 326, FEBRUARY 28, 2000 465

Malayang Samahan ng mga Manggagawa sa M Greenfield vs. Ramos
parties are M. Greenfield, Inc. (B) and Malayang Samahan ng Mga

Manggagawa sa M. Greenfield, Inc. (B) (MSMG)/United Lumber and
General Workers of the Philippines (ULGWP). However, MSMG was not
yet a registered labor organization at the time of the si ffillg of the CBA.
Hence, the union referred to in the CBA is the ULGWP."
Likewise on appeal, Director Pura Ferrer-Calleja put the issue to rest

as follows:
It is undisputed that ULGWP is the certified sole and exclusive collective

bargaining agent of all the regular rank-and-file workers of the company, M.
Greenfield, Inc. (pages 31-32 ofthe records).
It has been established also that the company and ULGWP signed a 3-
year collective bargaining agreement effective July
19
1, 1986 up to June 30,
1989.
Although the issue of whether or not the federation had reasonable

grounds to expel the petitioner union officers is properly within the
original and exclusive jurisdiction of the Bureau of Labor Relations,
being an intra-union conflict, this Court deems it justifiable that such
issue be nonetheless ruled upon, as the Labor Arbiter did, for to
remand the same to the Bureau of Labor Relations would be to
intolerably delay the case.
The Labor Arbiter found that petitioner union officers were
justifiably expelled from the federation for committing acts of
disloyalty when it "undertook to disaffiliate from the federation by
charging ULGWP with failure to provide any legal, educational or
organizational support to the local. x x x and declared autonomy,
wherein they prohibit the federation from interfering in any internal
20
and external affairs of the local union."

It is well-settled that findings of facts of the NLRC are entitled to
great respect and are generally binding on this Court,
is Rollo, p. 199.
19 Ihid
20 Rollo, p. 200.
466

but it is equally well-settled that the Court will not uphold erroneous
conclusions of the NLRC as when the Court finds insufficient or
insubstantial evidence on record to support those factual findings.
The same holds true when it is perceived that far too much is
concluded, inferred or deduced from the bare or incomplete facts
21
appearing of record.
In its decision, the Labor Arbiter declared that the act of
disaffiliation and declaration of autonomy by the local union was
part of its "plan to take over the respondent federation." This is
purely conjecture and speculation on the part of public respondent,
totally unsupported by the evidence. A local union has the right to
disaffiliate from its mother
union or declare its autonomy. A local union, being a separate
and voluntary association, is free to serve the interests of all its
members including the freedom to disaffiliate or declare its
autonomy from the federation to which it belongs when
circumstances warrant, in accordance with the constitutional
22
guarantee of freedom of association.

The purpose of affiliation by a local union with a mother union
or a federation
''x x x is to increase by collective action the bargaining power in respect of

the terms and conditions of labor. Yet the locals remained the basic units of
association, free to serve their own and the common interest of all, subject to
the restraints imposed by the Constitution and By-Laws of the Association,
and free also to renounce the affiliation for mutual welfare upon the terms
23
laid down in the agreement which brought it into existence."
Thus, a local union which has affiliated itself with a federation is

free to sever such affiliation anytime and such disaffiliation cannot
be considered disloyalty. In the absence of
21 Bontia vs. NLRC, 255 SCRA 167.
22 Volkschel vs. Bureau of Labor Relations, 137 SCRA 42.

23 Tropical Hut Employees' Union-CGW vs. Tropical Hut Food Marlret, Inc, 181
SCRA 173; Adamson, Inc. vs. CIR, 127 SCRA 268; Liberty Cotton Mills Wmirer
Union vs. Liberty Cotton Mills, Inc., 66 SCRA 512.
467
VOL. 326, FEBRUARY 28, 2000 467

specific provisions in the federation's constitution prohibiting

disaffiliation or the declaration of autonomy of a local union, a local
24
may dissociate with its parent union.

The evidence on hand does not show that there is such a
provision in ULGWP's constitution. Respondents' reliance upon
Article V, Section 6, of the federation's constitution is not right
because said section, in fact, bolsters the petitioner union's claim of
its right to declare autonomy:
Section 6. The autonomy of a local union affiliated with ULGWP shall be

respected insofar as it pertains to its internal affairs, except as provided
elsewhere in this Constitution.
There is no disloyalty to speak of, neither is there any violation of

the federation's constitution because there is nothing in the said
constitution which specifically prohibits disaffiliation or declaration
of autonomy. Hence, there cannot be any valid dismissal because
Article II. Section 4 of the union security clause in the CBA limits
the dismissal to only three (3) grounds, to wit: failure to maintain
membership in the union (1) for non-payment of union dues, (2) for
resignation; and (3) for violation of the union's Constitution and By
Laws.
To support the finding of disloyalty, the Labor Arbiter gave
weight to the fact that on February 26, 1989, the petitioners declared
as vacant all the responsible positions of ULGWP, filled these
vacancies through an election and filed a petition for the registration
of UWP as a national federation. It should be pointed out, however,
that these occurred after the federation had already expelled the
union officers. The expulsion ''was effective November 21, 1988."
Therefore, the act of establishing a different federation, entirely
separate from the federation which expelled them, is but a normal
retaliatory reaction to their expulsion.
24 Ferrer vs. National Labor Relations Commission, 224 SCRA 410; People's
Industrial and Commercial Employees and Workers Organization (FFW) vs. People's
Industrial and Commercial Corp., 112 SCRA 440.
468

With regard to the issue of the legality or illegality of the strike, the
Labor Arbiter held that the strike was illegal for the following
reasons: (1) it was based on an intra-union dispute which cannot
properly be the subject of a strike, the right to strike being limited to
cases of bargaining deadlocks and unfair labor practice (2) it was
made in violation of the "no strike, no lock-out" clause in the CBA,
and (3) it was attended 'with violence, force and intimidation upon
the persons of the company officials, other employees reporting for
work and third persons having legitimate business with the
company, resulting to serious physical injuries to several employees
and damage to company property.
On the submission that the strike was illegal for being grounded
on a non-strikeable issue, that is, the intra-union conflict between the
federation and the local union, it bears reiterating that when
respondent company dismissed the union officers, the issue was
transformed into a termination dispute and brought respondent
company into the picture. Petitioners believed in good faith that in
dismissing them upon request by the federation, respondent
company was guilty of unfair labor practice in that it violated the
petitioner's right to self-organization. The strike was staged to
protest respondent company's act of dismissing the union officers.
Even if the allegations of unfair labor practice are subsequently
found out to be untrue, the presumption of legality of the strike
25
prevails.
Another reason why the Labor Arbiter declared the strike illegal
is due to the existence of a no strike, no lockout provision in the
CBA. Again, such a ruling is erroneous. A no strike, no lock out
provision can only be invoked when the strike is economic in nature,
i.e. to force wage or other concessions from the employer which he
26
is not required by law to grant. Such a provision cannot be used to

assail the legality
25 Master Iron Labor Union vs. National Labor Relations Commission, 219 SCRA
47.
26 Panay Electric Company, Inc. vs. NLRC, 248 SCRA 688; People's Industrial and
Commercial Employees and Workers Or
469
VOL. 326, FEBRUARY 28, 2000 469

of a strike which is grounded on unfair labor practice, as was the

honest belief of herein petitioners. Again, whether or not there was
indeed unfair labor practice does not affect the strike.
On the allegation of violence committed in the course of the
strike, it must be remembered that the Labor Arbiter and the
Commission found that "the parties are agreed that there were
violent incidents x x x resulting to injuries to both sides, the union
27
and management." The evidence on record show that the violence

cannot be attributed to the striking employees alone for the company
itself employed hired men to pacify the strikers. With violence
committed on both sides, the management and the employees, such
violence cannot be a ground for declaring the strike as illegal.
With respect to the dismissal of individual petitioners, the Labor
Arbiter declared that their refusal to heed respondent's recall to
work notice is a clear indication that they were no longer interested
in continuing their employment and is deemed abandonment. It is
admitted that three return to work notices were sent by respondent
company to the striking employees on March 27, April 1 1, and April
21, 1989 and that 261 employees who responded to the notice were
admitted back to work.
However, jurisprudence holds that for abandonment of work to
exist, it is essential (1) that the employee must have failed to report
for work or must have been absent without valid or justifiable reason
and (2) that there must have been a clear intention to sever the 28
employer-employee relationship manifested by some overt acts.

Deliberate and unjustified refusal on the part of the employee to go
back to his work post
ganization (FFW) vs. PIC Cmp., 1 12 SCRA 440; Consolidated Labor Association
of the Philippines vs. Marsman and Co., Inc., 1 1 SCRA 589; Master Iron Labor Union
vs. NLRC, 219 SCRA 47; Phil. Metal Foundries, Inc. vs. CIR, 90 SCRA 135.
21 Decision ofthe Labor Arbiter, Rollo, p. 203.
28 Philippine Advertising Counselors, Inc. vs. National Labor Relations
Commission, 263 SCRA 395; Balayan Colleges vs. National Labor Relations
Commission, 255 SCRA 1.
470

Ramos
and resume his employment must be established. Absence must be

accompanied by overt acts unerringly pointing to the fact that the 29
employee simply does not want to work any-more. And the burden
of proof to show that there was unjustified refusal to go back to
work rests on the employer.
In the present case, respondents failed to prove that there was a
clear intention on the part of the striking employees to sever their
employer-employee relationship. Although admittedly the company
sent three return to work notices to them, it has not been
substantially proven that these notices were actually sent and
received by the employees. As a matter of fact, some employees
deny that they ever received such notices. Others alleged that they
were refused entry to the company premises by the security guards
and were advised to secure a clearance from ULGWP and to sign a
waiver, Some employees who responded to the notice were
allegedly told to wait for further notice from respondent company as
there was lack of work.
Furthermore, this Court has ruled that an employee who took
steps to protest his lay-off cannot be said to have abandoned his
30
work. The filing of a complaint for illegal dismissal is inconsistent

with the allegation of abandonment. In the case under consideration,
the petitioners did, in fact, file a complaint when they were refused
reinstatement by respondent company.
Anent public respondent's finding that there was no unfair labor
practice on the part of respondent company and federa-tion officers,
the Court sustains the same. As earlier discussed, union security
clauses in collective bargaining agreements, if freely and voluntarily
entered into, are valid and binding. Corrolarily, dismissals pursuant
to union security
'29 Nueva Ecija I Electric Cooperative, Inc. vs. Minister of Labor, 184 SCRA 25, 30.
30 Bontia vs. National Labor Relations Commission, 255 SCRA 167; Batangas
Laguna Tayabas Bus Company vs. NLRC, 212 SCRA 792; Jackson Building
Condominium Corporation vs. NLRC, 246 SCRA 329.
471
VOL. 326, FEBRUARY 28, 2000 471

Ramos
clauses are valid and legal subject only to the requirement of due
process, that is, notice and hearing prior to dismissal. Thus, the
dismissal of an employee by the company pursuant to a labor
union's demand in accordance with a union security agreement does
31
not constitute unfair labor practice.

However, the dismissal was invalidated in this case because of
respondent company's failure to accord petitioners with due process,
that is, notice and hearing prior to their termination. Also, said
dismissal was invalidated because the reason relied upon by
respondent Federation was not valid. Nonetheless, the dismissal still
does not constitute unfair labor practice.
Lastly, the Court is of the opinion, and so holds, that respondent
company officials cannot be held personally liable for damages on
account of the employees' dismissal because the employer
corporation has a personality separate and distinct from its officers
who merely acted as its agents.
It has come to the attention of this Court that the 30-day prior
notice requirement for the dismissal of employees has been
repeatedly violated and the sanction imposed for such violation
32
enunciated in Wenphil Corporation vs. NLRC has become an

ineffective deterrent. Thus, the Court recently promulgated a
decision to reinforce and make more effective the requirement of
notice and hearing, a procedure that must be observed before
termination of employment can be legally effected.
In Ruben Serrano vs. NLRC and lsetann Department Store (G.R.
No. 1 17040, January 27, 2000), the Court ruled that an employee
who is dismissed, whether or not for just or authorized cause but
without prior notice of his termination, is entitled to full backwages
from the time he was terminated until the decision in his case
becomes final, when the dismissal was for cause; and in case the
dismissal was without just or valid
31 Tanduay Distillery Labor Union vs. NLRC, 149 SCRA 470; Seno vs. Mendoza,
21 SCRA 1124.
n 170 SCRA 69 (1989).
472

Ramos
cause, the backwages shall be computed from the time of his

dismissal until his actual reinstatement. In the case at bar, where the
requirement of notice and hearing was not complied with, the
aforecited doctrine laid down in the Serrano case applies.
WHEREFORE, the Petition is GRANTED; the decision of the
National Labor Relations Commission in Case No. NCR-00-09-
04199-89 is REVERSED and SET ASIDE; and the respondent
company is hereby ordered to immediately reinstate the petitioners
to their respective positions. Should reinstatement be not feasible,
respondent company shall pay separation pay of one month salary
for every year of service. Since petitioners were terminated without
the requisite written notice at least 30 days prior to their termination,
following the recent ruling in the case of Ruben Serrano vs. National
Labor Relations Commission and Jsetann Deparlment Store, the
respondent company is hereby ordered to pay full backwages to
petitioner-employees while the Federation is also ordered to pay full
backwages to petitioner-union officers who were dismissed upon its
instigation. Since the dismissal of petitioners was without cause,
backwages shall be computed from the time the herein petitioner
employees and union officers were dismissed until their actual
reinstatement. Should reinstatement be not feasible, their backwages
shall be computed from the time petitioners were terminated until
the fmality of this decision. Costs against the respondent company.
SO ORDERED.
Gonzaga-Reyes, J., concur.

Melo (Chairman), J., In the result.
Vitug, J., I reiterate my separate opinion in Serrano vs.
NLRC (G.R. 1 17040, 27 Jan. 2000).
Panganiban, J., I reiterate my separate opinion in Serrano
vs. NLRC, G.R. 1 17040, Jan. 27, 2000.
Petition granted, judgment reversed and set aside.
473
VOL. 326, FEBRUARY 28, 2000 473

Afarcos v� Sandiganbayan
Notes.-The presumption of legality of strikes prevails even if
the allegation of employer unfair labor practice is subsequently
found to be untrue, provided that the union and its members believed
in good faith in the truth of such avennent. (PNOC Dockyard and
Engineering Corporation vs. National Labor Relations Commission,
291 SCRA 23 1 [1998])
While an act or decision of an employer may be unfair, certainly
not every unfair act or decision constitutes unfair labor practice
(ULP) as defined and enumerated under Article 248 of the Labor
Code. (Great Pacific Life Employees Union vs. Great Pacific Life
Assurance Corporation, 303 SCRA 1 13 [1999])
---oOof----
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428 SUPREME COURT REPORTS ANNOTATED

Malayang Samahan ng mga Manggagawa

G.R. No. 1 13907. February 28, 2000.

MALAYANG SAMAHAN NG MGA MANGGAGAWA SA M.

VOL. 326, FEBRUARY 28, 2000 429

NALOSA, LUZVIMINDA TUBIG, ILUMINADA RIVERA,

430 SUPREME COURT REPORTS ANNOTATED

GREGORIO ALIVIO GUILLERMO ANICETA, ANGELIE

VOL. 326, FEBRUARY 28, 2000 43 1

ZENAIDA BRAVO, RODRIGO BEULDA, TERESITA MENDEZ,

432 SUPREME COURT REPORTS ANNOTATED

Malayang Samahan ng mga Manggagawa

MAYUGA, YOLANDA DOMDOM, LUCITA DONATO, NELMA

CRISTINA FRIJAS, ESPECTACION FERRER, BERDENA

MARILOU GOLINGAN, WANITA GUERRERO, LYDIA

VOL. 326, FEBRUARY 28, 2000 433

ROSITA LOSITO, ROSALINA LUMA YAG, LORNA LARGA,

434 SUPREME COURT REPORTS ANNOTATED

Malayang Samahan ng mga Manggagawa

VOL. 326, FEBRUARY 28, 2000 435

LICITAS SORIANO, OFELIA TIBAYAN, AIDA TIRNIDA,

PHINE ARCEDE, NORMA AMISTOSO, PRESENTACION

VOL. 326, FEBRUARY 28, 2000 437

IRENE ESTUITA, TERESITA ERESE, ERMELINDA ELEZO,

438 SUPREME COURT REPORTS ANNOTATED

Malayang Samahan ng mga Manggagawa

TINEZ, JULIA MENDOZA, PACITA MAGALLANES,

VOL. 326, FEBRUARY 28, 2000 439

ANTENERO, MARCELINA ANTENERO, ANTONINA

440 SUPREME COURT REPORTS ANNOTATED

Malayang Samahan ng mga Manggagawa

POASADAS, ESTRELLA ESPIRITU, CONCORDIA

VOL. 326, FEBRUARY 28, 2000 441

Malayang Samahan ng mga Manggagawa

sa M. Greenfield vs. Ramos

Same; Collective Bargaining Agreements; Union Security Clauses; Due

442 SUPREME COURT REPORTS ANNOTATED

Malayang Samahan ng mga Manggagawa

sa M. Greenfield vs. Ramos

the same. Relying merely upon the federation's allegations, respondent

Same; Same; Same; Same; The right of an employee to be informed of

Same; Same; Same; Intra-Union Disputes; Illegal Dismissal; While it

VOL. 326, FEBRUARY 28, 2000 443

Malayang Samahan ng mga Manggagawa

sa M Greenfield vs. Ramos

Same; Evidence; The Supreme Court will not uphold erroneous

444 SUPREME COURT REPORTS ANNOTATED

Malayang Samahan ng mga Manggagawa

sa M Greenfield vs. Ramos

eluded, inferred or deduced from the bare or incomplete facts appearing of

Same; Unions; Disaffiliations; Freedom of Association; A local union

Same; Same; Strikes; Unfair Labor Practices; Even if the allegations of

VOL. 326, FEBRUARY 28, 2000 445

Malayang Samahan ng mga Manggagawa

sa M Greenfield vs. Ramos

labor practice are subsequently found out to be untrue, the presumption of

Same; Same; Same; Same; No Strike., No Lockout Clause; A no strike.,

Same; Same; Same; Where violence was committed on both sides

Executive Board to create a committee tasked to investigate the non