VOL.

374, JANUARY 23, 2002 351

Rivera vs. Espiritu

*
G.R. No. 135547. January 23, 2002.

GERARDO F. RIVERA, ALFRED A. RAMISO, AMBROCIO

PALAD, DENNIS R. ARANAS, DAVID SORIMA, JR.,
JORGE P. DELA ROSA, and ISAGANI ALDEA,
petitioners, vs. HON. EDGARDO ESPIRITU in his capacity
as Chairman of the PAL InterAgency Task Force created
under Administrative Order No. 16; HON. BIENVENIDO
LAGUESMA in his capacity as Secretary of Labor and
Employment; PHILIPPINE AIRLINES (PAL), LUCIO
TAN, HENRY SO UY, ANTONIO V. OCAMPO, MANOLO
E. AQUINO, JAIME J. BAUTISTA, and ALEXANDER O.
BARRIENTOS, respondents.

Actions; Certiorari; Prohibition; Requisites.·Petitioners allege

grave abuse of discretion under Rule 65 of the 1997 Rules of Civil
Procedure. The essential requisites for a petition for certiorari
under Rule 65 are: (1) the writ is directed against a tribunal, a
board, or an officer exercising judicial or quasi-judicial functions; (2)
such tribunal, board, or officer has acted without or in excess of
jurisdiction, or with grave abuse of discretion amounting to lack or
excess of jurisdiction; and (3) there is no appeal or any plain,
speedy, and adequate remedy in the ordinary course of law. For
writs of prohibition, the requisites are: (1) the impugned act must
be that of a „tribunal, corporation, board, officer, or person, whether
exercising judicial, quasi-judicial or ministerial functions‰; and (2)
there is no plain, speedy, and adequate remedy in the ordinary
course of law.‰
Same; Same; Same; Certiorari and Prohibition are not proper
where what exists is a contract between a private firm and one of its
labor unions, albeit entered into with the assistance of an Inter-
Agency Task Force created to address the problems between the
contracting parties.·The assailed agreement is clearly not the act
of a tribunal, board, officer, or person exercising judicial, quasi-
judicial, or ministerial functions. It is not the act of public
respondents Finance Secretary Edgardo Espiritu and Labor
Secretary Bienvenido Laguesma as functionaries of the Task Force.
Neither is there a judgment, order, or resolution of either public
respondents involved. Instead, what exists is a contract between a
private firm and one of its labor unions, albeit entered into with the
assistance of the Task Force. The first and second requisites for
certiorari and prohibition are therefore not present in this case.

_______________

* SECOND DIVISION.

352

352 SUPREME COURT REPORTS ANNOTATED

Rivera vs. Espiritu

Same; Same; Same; Contracts; Where the object of the action is

actually the nullification of a contract between an employer and one
of its labor unions, the proper remedy is an ordinary civil action for
annulment of contract, an action which properly falls under the
jurisdiction of the regional trial courts, not certiorari or prohibition.
·Furthermore, there is available to petitioners a plain, speedy, and
adequate remedy in the ordinary course of law. While the petition is
denominated as one for certiorari and prohibition, its object is
actually the nullification of the PAL-PALEA agreement. As such,
petitionersÊ proper remedy is an ordinary civil action for annulment
of contract, an action which properly falls under the jurisdiction of
the regional trial courts. Neither certiorari nor prohibition is the
remedy in the present case.
Labor Law; Words and Phrases; Collective Bargaining
Agreement, Defined; The primary purpose of a CBA is the
stabilization of labor-management relations in order to create a
climate of a sound and stable industrial peace, and in construing a
CBA, the courts must be practical and realistic and give due
consideration to the context in which it is negotiated and the purpose
which it is intended to serve.·A CBA is „a contract executed upon
request of either the employer or the exclusive bargaining
representative incorporating the agreement reached after
negotiations with respect to wages, hours of work and all other
terms and conditions of employment, including proposals for
adjusting any grievances or questions arising under such
agreement.‰ The primary purpose of a CBA is the stabilization of
labor-management relations in order to create a climate of a sound
and stable industrial peace. In construing a CBA, the courts must
be practical and realistic and give due consideration to the context
in which it is negotiated and the purpose which it is intended to
serve.
 Same; Collective Bargaining; Article 253-A of the Labor Code
has a two-fold purpose·one is to promote industrial stability and
predictability, and the other is to assign specific timetables wherein
negotiations become a matter of right and requirement; Nothing in
Article 253-A prohibits the parties from waiving or suspending the
mandatory timetables and agreeing on the remedies to enforce the
same.·The assailed PAL-PALEA agreement was the result of
voluntary collective bargaining negotiations undertaken in the light
of the severe financial situation faced by the employer, with the
peculiar and unique intention of not merely promoting industrial
peace at PAL, but preventing the latterÊs closure. We find no conflict
between said agreement and Article 253-A of the Labor Code.
Article 253-A has a two-fold purpose. One is to promote industrial
stability and predictability. Inasmuch as the agreement sought to
promote industrial peace at PAL during its rehabilitation, said
agreement satisfies the first purpose of

353

VOL. 374, JANUARY 23, 2002 353

Rivera vs. Espiritu

Article 253-A. The other is to assign specific timetables wherein

negotiations become a matter of right and requirement. Nothing in
Article 253-A, prohibits the parties from waiving or suspending the
mandatory timetables and agreeing on the remedies to enforce the
same.
Same; Same; The right to free collective bargaining, after all,
includes the right to suspend it.·In the instant case, it was PALEA,
as the exclusive bargaining agent of PALÊs ground employees, that
voluntarily entered into the CBA with PAL. It was also PALEA that
voluntarily opted for the 10-year suspension of the CBA. Either case
was the unionÊs exercise of its right to collective bargaining. The
right to free collective bargaining, after all, includes the right to
suspend it.
Same; Same; The acts of the public functionaries in sanctioning
the 10-year suspension of the PAL-PALEA CBA did not contravene
the „protection to labor‰ policy of the Constitution.·The acts of
public respondents in sanctioning the 10-year suspension of the
PAL-PALEA CBA did not contravene the „protection to labor‰ policy
of the Constitution. The agreement afforded full protection to labor;
promoted the shared responsibility between workers and employers;
and the exercised voluntary modes in settling disputes, including
conciliation to foster industrial peace.
 Same; Same; Union Security Clauses; Unfair Labor Practice;
The Court is unable to declare the objective of union security an
unfair labor practice.·The questioned proviso of the agreement
reads: a. PAL shall continue recognizing PALEA as the duly
certified bargaining agent of the regular rank-and-file ground
employees of the Company. Said proviso cannot be construed alone.
In construing an instrument with several provisions, a construction
must be adopted as will give effect to all. Under Article 1374 of the
Civil Code, contracts cannot be construed by parts, but clauses must
be interpreted in relation to one another to give effect to the whole.
The legal effect of a contract is not determined alone by any
particular provision disconnected from all others, but from the
whole read together. The aforesaid provision must be read within
the context of the next clause, which provides: b. The Âunion
shop/maintenance of membershipÊ provision under the PAL-PALEA
CBA shall be respected. The aforesaid provisions, taken together,
clearly show the intent of the parties to maintain „union security‰
during the period of the suspension of the CBA. Its objective is to
assure the continued existence of PALEA during the said period. We
are unable to declare the objective of union security an unfair labor
practice. It is State policy to promote unionism to enable workers to
negotiate with management on an even playing field and with more
persuasiveness than if they were to individually and separately
bargain with

354

354 SUPREME COURT REPORTS ANNOTATED

Rivera vs. Espiritu

the employer. For this reason, the law has allowed stipulations
„union shop‰ and „closed shop‰ as means of encouraging workers to
join and support the union of their choice in the protection of their
rights and interests vis-à-vis the employer.
Same; Same; Under Article 253-A of the Labor Code, the
representation limit for the exclusive bargaining agent applies only
when there is an extant CBA in full force and effect.·We also do not
agree that the agreement violates the five-year representation limit
mandated by Article 253-A. Under said article, the representation
limit for the exclusive bargaining agent applies only when there is
an extant CBA in full force and effect. In the instant case, the
parties agreed to suspend the CBA and put in abeyance the limit on
the representation period.
Same; Same; The PAL-PALEA agreement dated 27 September
1998 is a valid exercise of the freedom to contract, and under the
principle of inviolability of contracts guaranteed by the Constitution,
the contract must be upheld.·In sum, we are of the view that the
PAL-PALEA agreement dated September 27, 1998, is a valid
exercise of the freedom to contract. Under the principle of
inviolability of contracts guaranteed by the Constitution, the
contract must be upheld.

SPECIAL CIVIL ACTION in the Supreme Court.

Certiorari and Prohibition.

The facts are stated in the opinion of the Court.

Movement of Attorneys for Brotherhood, Integrity &
Nationalism, Inc. (MABINI) for petitioners.
Estelito P. Mendoza for private respondents Phil.
Airlines, et al.
Adolfo M. Guerzon for private respondent A.
Barrientos.

QUISUMBING, J.:

In this special civil action for certiorari and prohibition,

petitioners charge public respondents with grave abuse of
discretion amounting to lack or excess of jurisdiction for
acts taken in regard to the enforcement of the agreement
dated September 27, 1998, between Philippine Airlines
(PAL) and its union, the PAL Employees Association
(PALEA).

355

VOL. 374, JANUARY 23, 2002 355

Rivera vs. Espiritu

The factual antecedents of this case are as follows:

On June 5, 1998, PAL pilots affiliated with the Airline
Pilots Association of the Philippines (ALPAP) went on a
three-week strike, causing serious losses to the financially
beleaguered flag carrier. As a result, PALÊs financial
situation went from bad to worse. Faced with bankruptcy,
PAL adopted a rehabilitation plan and downsized its labor
force by more than one-third.
On July 22, 1998, PALEA went on strike to protest the
retrenchment measures adopted by the airline, which
affected 1,899 union members. The strike ended four days
later, when PAL and PALEA agreed to a more systematic
reduction in PALÊs work force and the payment of
separation benefits to all retrenched employees.
On August 28, 1998, then President Joseph E. Estrada
issued Administrative Order No. 16 creating an Inter-
Agency Task Force (Task Force) to address the problems of
the ailing flag carrier. The Task Force was composed of the
Departments of Finance, Labor and Employment, Foreign
Affairs, Transportation and Communication, and Tourism,
together with the Securities and Exchange Commission
(SEC). Public respondent Edgardo Espiritu, then the
Secretary of Finance, was designated chairman of the Task
Force. It was „empowered to summon all parties concerned
for conciliation, mediation (for) the purpose of1 arriving at a
total and complete solution of the problem.‰ Conciliation
meetings were then held between PAL management2 and
the three unions representing the airlineÊs employees, with
the Task Force as mediator.
On September 4, 1998, PAL management submitted to
the Task Force an offer by private respondent Lucio Tan,
Chairman and Chief Executive Officer of PAL, of a plan to
transfer shares of stock to its employees. The pertinent
portion of said plan reads:

1. From the issued shares of stock within the group of

Mr. Lucio TanÊs holdings, the ownership of 60,000
fully paid shares of stock of Philippine Airlines with
a par value of PHP5.00/share will be transferred in

_______________

1 Rollo, p. 68. Administrative Order No. 16, Sec. 2.

2 ALPAP, PALEA, and the Flight Attendants and Stewards
Association of the Philippines or FASAP.

356

356 SUPREME COURT REPORTS ANNOTATED

Rivera vs. Espiritu

favor of each employee of Philippine Airlines in the

active payroll as of September 15, 1998. Should any
share-owning employee leave PAL, he/she has the
option to keep the shares or sells (sic) his/her
shares to his/her union or other employees
currently employed by PAL.
2. The aggregate shares of stock transferred to PAL
employees will allow them three (3) members to
(sic) the PAL Board of Directors. We, thus, become
partners in the boardroom and together, we shall
address and find solutions to the wide range of
problems besetting PAL.
 3. In order for PAL to attain (a) degree of normalcy
while we are tackling its problems, we would
request for a suspension of the Collective 3
Bargaining Agreements (CBAs) for 10 years.

On September 10, 1998, the Board of Directors of PALEA

voted to accept TanÊs offer and requested the Task ForceÊs
assistance in implementing the same. Union members,
however, rejected TanÊs offer. Under intense pressure from
PALEA members, the unionÊs directors subsequently
resolved to reject TanÊs offer.
On September 17, 1998, PAL informed the Task Force
that it was shutting down its operations effective
September 23, 1998, preparatory to liquidating its assets
and paying off its creditors. The airline claimed that given
its labor problems, rehabilitation was no longer feasible,
and hence, the airline had no alternative but to close shop.
On September 18, 1998, PALEA sought the intervention
of the Office of the President in immediately convening the
parties, the PAL management, PALEA, ALPAP, and
FASAP, including the SEC under the direction of the Inter-
Agency
4
Task Force, to prevent the imminent closure of
PAL.
On September 19, 1998, PALEA informed the
Department of Labor and Employment (DOLE) that it had
no objection to a referendum on the TanÊs offer. 2,799 out of
6,738 PALEA members cast their votes in the referendum
under DOLE supervision held on September 21-22, 1998.
Of the votes cast, 1,055 voted in favor of TanÊs offer while
1,371 rejected it.

_______________

3 Supra, note 1 at p. 69.

4 Id., at p. 98.

357

VOL. 374, JANUARY 23, 2002 357

Rivera vs. Espiritu

On September 23, 1998, PAL ceased its operations and sent

notices of termination to its employees.
Two days later, the PALEA board wrote President
Estrada anew, seeking his intervention. PALEA offered a
10-year moratorium on strikes and similar actions and a
waiver
5
of some of the economic benefits in the existing
CBA. Tan, however, rejected this counter-offer.
 On September 27, 1998, the PALEA board again wrote
the President proposing the following terms and conditions,
subject to ratification by the general membership:

1. Each PAL employee shall be granted 60,000 shares

of stock with a par value of P5.00, from Mr. Lucio
TanÊs shareholdings, with three (3) seats in the PAL
Board and an additional seat from government
shares as indicated by His Excellency;
2. Likewise, PALEA shall, as far as practicable, be
granted adequate representation in committees or
bodies which deal with matters affecting terms and
conditions of employment;
3. To enhance and strengthen labor-management
relations, the existing Labor-Management
Coordinating Council shall be reorganized and
revitalized, with adequate representation from both
PAL management and PALEA;
4. To assure investors and creditors of industrial
peace, PALEA agrees, subject to the ratification by
the general membership, (to) the suspension of the
PAL-PALEA CBA for a period of ten (10) years,
provided the following safeguards are in place:

a. PAL shall continue recognizing PALEA as the duly

certified bargaining agent of the regular rank-and-
file ground employees of the Company;
b. The Âunion shop/maintenance of membershipÊ
provision under the PAL-PALEA CBA shall be
respected.
c. No salary deduction, with full medical benefits.

5. PAL shall grant the benefits under the 26 July 1998

Memorandum of Agreement forged by and between
PAL and PALEA, to those employees who may opt
to retire or be separated from the company.

_______________

5 Id., at p. 101.

358

358 SUPREME COURT REPORTS ANNOTATED

Rivera vs. Espiritu

6. PALEA members who have been retrenched but

 have not received separation benefits shall be
granted priority in the hiring/rehiring of employees.
7. In the absence of applicable Company rule or
regulation,
6
the provisions of the Labor Code shall
apply.

Among the signatories to the letter were herein petitioners

Rivera, Ramiso, and Aranas, as officers and/or members of
the PALEA Board of Directors. PAL management accepted
the PALEA proposal and the necessary referendum was
scheduled.
On October 2, 1998, 5,324 PALEA members cast their
votes in a DOLE-supervised referendum. Of the votes cast,
61% were in favor of accepting the PAL-PALEA agreement,
while 34% rejected it.
On October 7, 1998, PAL resumed domestic operations.
On the same date, seven officers and members of PALEA
filed this instant petition to annul the September 27, 1998
agreement entered into between PAL and PALEA on the
following grounds:

PUBLIC RESPONDENTS GRAVELY ABUSED THEIR

DISCRETION AND EXCEEDED THEIR JURISDICTION IN
ACTIVELY PURSUING THE CONCLUSION OF THE PAL-PALEA
AGREEMENT AS THE CONSTITUTIONAL RIGHTS TO SELF-
ORGANIZATION AND COLLECTIVE BARGAINING, BEING
FOUNDED ON PUBLIC POLICY, MAY NOT BE WAIVED, NOR
THE WAIVER, RATIFIED.

II

PUBLIC RESPONDENTS GRAVELY ABUSED THEIR

DISCRETION AND EXCEEDED THEIR JURISDICTION IN
PRESIDING OVER THE CONCLUSION OF THE PAL-PALEA
AGREEMENT UNDER THREAT OF ABUSIVE EXERCISE OF
PALÊS MANAGEMENT PREROGATIVE TO CLOSE BUSINESS
USED AS SUBTERFUGE FOR UNION-BUSTING.

The issues now for our resolution are:

_______________

6 Id., at pp. 65-66.

359

VOL. 374, JANUARY 23, 2002 359

 Rivera vs. Espiritu

(1) Is an original action for certiorari and prohibition

the proper remedy to annul the PAL-PALEA
agreement of September 27, 1998;
(2) Is the PAL-PALEA agreement of September 27,
1998, stipulating the suspension of the PAL-PALEA
CBA unconstitutional and contrary to public policy?

Anent the first issue, petitioners aver that public

respondents as functionaries of the Task Force, gravely
abused their discretion and exceeded their jurisdiction
when they actively pursued and presided over the PAL-
PALEA agreement.
Respondents, in turn, argue that the public respondents
merely served as conciliators or mediators, consistent with
the mandate of A.O. No. 16 and merely supervised the
conduct of the October 3, 1998 referendum during which
the PALEA members ratified the agreement. Thus, public
respondents did not perform any judicial and quasi-judicial
act pertaining to jurisdiction. Furthermore, respondents
pray for the dismissal of the petition for violating the
„hierarchy 7 of courts‰ doctrine enunciated
8
in People v.
Cuaresma and Enrile v. Salazar.
Petitioners allege grave abuse of discretion under Rule
65 of the 1997 Rules of Civil Procedure. The essential
requisites for a petition for certiorari under Rule 65 are: (1)
the writ is directed against a tribunal, a board, or an officer
exercising judicial or quasi-judicial functions; (2) such
tribunal, board, or officer has acted without or in excess of
jurisdiction, or with grave abuse of discretion amounting to
lack or excess of jurisdiction; and (3) there is no appeal or
any plain, speedy,
9
and adequate remedy in the ordinary
course of law. For writs of prohibition, the requisites are:
(1) the impugned act must be that of a „tribunal,
corporation, board, officer, or person, whether exercising
judicial, quasi-judicial or ministerial func-

_______________

7 G.R. No. 67787, 172 SCRA 415, 424-425 (1989).

8 G.R. No. 92163-64, 186 SCRA 217, 231 (1990).
9 Suntay v. Cojuangco-Suntay, G.R. No. 132524, 300 SCRA 760, 766
(1998); Cuison v. Court of Appeals, G.R. No. 128540, 289 SCRA 159, 171
(1998).

360
360 SUPREME COURT REPORTS ANNOTATED
Rivera vs. Espiritu

tions‰; and (2) there is no plain, speedy, 10

and adequate
remedy in the ordinary course of law.‰
The assailed agreement is clearly not the act of a
tribunal, board, officer, or person exercising judicial, quasi-
judicial, or ministerial functions. It is not the act of public
respondents Finance Secretary Edgardo Espiritu and
Labor Secretary Bienvenido Laguesma as functionaries of
the Task Force. Neither is there a judgment, order, or
resolution of either public respondents involved. Instead,
what exists is a contract between a private firm and one of
its labor unions, albeit entered into with the assistance of
the Task Force. The first and second requisites for
certiorari and prohibition are therefore not present in this
case.
Furthermore, there is available to petitioners a plain,
speedy, and adequate remedy in the ordinary course of law.
While the petition is denominated as one for certiorari and
prohibition, its object is actually the nullification of the
PAL-PALEA agreement. As such, petitionersÊ proper
remedy is an ordinary civil action for annulment of
contract, an action which properly11 falls under the
jurisdiction of the regional trial courts. Neither certiorari
nor prohibition is the remedy in the present case.
Petitioners further assert that public respondents were
partial towards PAL management. They allegedly
pressured the PALEA leaders into accepting the
agreement. Petitioners ask this Court to examine the
circumstances that led to the signing of said agreement.
This would involve review of the facts and factual issues
raised in a special civil12 action for certiorari which is not the
function of this Court.
Nevertheless, considering the prayer of the parties
principally we shall look into the substance of the petition,
in the higher inter-

_______________

10 1997 RULES OF CIVIL PROCEDURE,Rule 65, Sec. 2.

11 Batas Pambansa Blg. 129, as amended by Rep. Act No. 7691, Sec.
19.
12 Stolt-Nielsen Marine Services, Inc. v. NLRC, G.R. No. 128395, 300
SCRA 713, 717-718 (1998); Suarez v. NLRC, G.R. No. 124723, 293 SCRA
496, 502 (1998).

361
 VOL. 374, JANUARY 23, 2002 361
Rivera vs. Espiritu
13
est of justice and in view of the public interest involved,
inasmuch as what is at stake here is industrial peace in the
nationÊs premier airline and flag carrier, a national
concern.
On the second issue, petitioners contend that the
controverted PAL-PALEA agreement is void because 14
it
abrogated the right of workers to15self-organization and
their right to collective bargaining. Petitioners claim that
the agreement was not meant merely to suspend the
existing PAL-PALEA CBA, which expires on September 30,
2000, but also to foreclose any renegotiation or any
possibility to forge a new CBA for a decade
16
or up to 2008. It
violates the „protection to labor‰ policy laid down by the
Constitution.
Article 253-A of the Labor Code reads:

ART. 253-A. Terms of a Collective Bargaining Agreement.·Any

Collective Bargaining Agreement that the parties may enter into
shall, insofar as the representation aspect is concerned, be for a
term of five (5) years. No petition questioning the majority status of
the incumbent bargaining agent shall be entertained and no
certification election shall be conducted by the Department of Labor
and Employment outside of the sixty-day period immediately before
the date of expiry of such five-year term of the Collective
Bargaining Agreement. All other provisions of the Collective
Bargaining Agreement shall be renegotiated not later than three (3)
years after its execution. Any agreement on such other provisions of
the Collective Bargaining Agreement entered into within six (6)
months from the date of expiry of the term of such other provisions
as fixed in such Collective Bargaining Agreement, shall retroact to
the day immediately following such date. If any such agreement is
entered into beyond six months, the parties shall agree on the
duration of the retroactivity thereof. In case of a deadlock in the
renegotiation of the collective bargaining agreement, the parties
may exercise their rights under this Code.

Under this provision, insofar as representation is

concerned, a CBA has a term of five years, while the other
provisions, except for

_______________

13 Go v. Court of Appeals, G.R. No. 128954, 297 SCRA 574, 584 (1998);
Fortich v. Corona, G.R. No. 131457, 289 SCRA 624, 645 (1998).
14 CONST.Art. III, sec. 8.
 15 CONST.Art. XIII, sec. 3.
16 CONST.Art. II, sec. 18; Art. XIII, sec. 3.

362

362 SUPREME COURT REPORTS ANNOTATED

Rivera vs. Espiritu

representation, may be negotiated

17
not later than three
years after the execution. Petitioners submit that a 10-
year CBA suspension is inordinately long, way beyond the
maximum statutory life of a CBA, provided for in Article
253-A. By agreeing to a 10-year suspension, PALEA, in
effect, abdicated the workersÊ constitutional right to
bargain for another CBA at the mandated time.
We find the argument devoid of merit.
A CBA is „a contract executed upon request of either the
employer or the exclusive bargaining representative
incorporating the agreement reached after negotiations
with respect to wages, hours of work and all other terms
and conditions of employment, including proposals for
adjusting any18
grievances or questions arising under such
agreement.‰ The primary purpose of a CBA is the
stabilization of labor-management relations in order19 to
create a climate of a sound and stable industrial peace. In
construing a CBA, the courts must be practical and
realistic and give due consideration to the context in which
it is negotiated
20
and the purpose which it is intended to
serve.
The assailed PAL-PALEA agreement was the result of
voluntary collective bargaining negotiations undertaken in
the light of the severe financial situation faced by the
employer, with the peculiar and unique intention of not
merely promoting industrial peace at PAL, but preventing
the latterÊs closure. We find no conflict between said
agreement and Article 253-A of the Labor Code. Article
253-A has a two-fold purpose. One is to promote industrial
stability and predictability. Inasmuch as the agreement
sought to promote industrial peace at PAL during its
rehabilitation, said agreement satisfies the first purpose of
Article 253-A. The other is to assign specific timetables
wherein negotiations become a matter of right and
requirement. Nothing in Article 253-A, prohibits the
parties

_______________

17 San Miguel Corporation Employees Union-PTGWO v. Confesor, G.R.

No. 111262, 330 Phil. 628, 638; 262 SCRA 81 (1996).
18 Davao Integrated Port Stevedoring Services v. Abarquez, G.R. No.
102132, 220 SCRA 197, 204 (1993).
19 Kiok Loy v. NLRC, G.R. No. L-54334, 141 SCRA 179, 185 (1986).
20 Davao Integrated Port Stevedoring Services v. Abarquez, supra, note
19 at p. 204.

363

VOL. 374, JANUARY 23, 2002 363

Rivera vs. Espiritu

from waiving or suspending the mandatory timetables and

agreeing on the remedies to enforce the same.
In the instant case, it was PALEA, as the exclusive
bargaining agent of PALÊs ground employees, that
voluntarily entered into the CBA with PAL. It was also
PALEA that voluntarily opted for the 10-year suspension of
the CBA. Either case was the unionÊs exercise of its right to
collective bargaining. The right to free collective
bargaining, after all, includes the right to suspend it.
The acts of public respondents in sanctioning the 10-
year suspension of the PAL-PALEA CBA did not contravene
the „protection to labor‰ policy of the Constitution. The
agreement afforded full protection to labor; promoted the
shared responsibility between workers and employers; and
the exercised voluntary modes in settling21 disputes,
including conciliation to foster industrial peace.
Petitioners further allege that the 10-year suspension of
the CBA under the PAL-PALEA agreement virtually
installed PALEA as a company union for said period,
amounting to unfair labor practice, in violation of Article
253-A of the Labor Code mandating that an exclusive
bargaining agent serves for five years only.
The questioned proviso of the agreement reads:

a. PAL shall continue recognizing PALEA as the duly certified-

bargaining agent of the regular rank-and-file ground employees of
the Company;

Said proviso cannot be construed alone. In construing an

instrument with several provisions, a construction must be
adopted as 22will give effect to all. Under Article 1374 of the
Civil Code, contracts cannot be construed by parts, but
clauses must be interpreted in relation to one another to
give effect to the whole. The legal effect of a contract is not
determined alone by any particular provision disconnected
from all others, but from the whole read
_______________

21 1987 CONST.Art. XIII sec. 3. Stress supplied.

22 Art. 1374. The various stipulations of a contract shall be interpreted
together, attributing to the doubtful ones that sense which may result
from all of them taken jointly.

364

364 SUPREME COURT REPORTS ANNOTATED

Rivera vs. Espiritu
23
together. The aforesaid provision must be read within the
context of the next clause, which provides:

b. The Âunion shop/maintenance of membershipÊ provision under the

PAL-PALEA CBA shall be respected.

The aforesaid provisions, taken together, clearly show the

intent of the parties to maintain „union security‰ during
the period of the suspension of the CBA. Its objective is to
assure the continued existence of PALEA during the said
period. We are unable to declare the objective of union
security an unfair labor practice. It is State policy to
promote unionism to enable workers to negotiate with
management on an even playing field and with more
persuasiveness than if they were to individually and
separately bargain with the employer. For this reason, the
law has allowed stipulations „union shop‰ and „closed shop‰
as means of encouraging workers to join and support the
union of their choice in the protection
24
of their rights and
interests vis-à-vis the employer.
PetitionersÊ contention that the agreement installs
PALEA as a virtual company union is also untenable.
Under Article 248 (d) of the Labor Code, a company union
exists when the employer acts „[t]o initiate, dominate,
assist or otherwise interfere with the formation or
administration of any labor organization, including the
giving of financial or other support to it or organizers or
supporters.‰ The case records are bare of any showing of
such acts by PAL.
We also do not agree that the agreement violates the
five-year representation limit mandated by Article 253-A.
Under said article, the representation limit for the
exclusive bargaining agent applies only when there is an
extant CBA in full force and effect. In the instant case, the
parties agreed to suspend the CBA and put in abeyance the
limit on the representation period.
In sum, we are of the view that the PAL-PALEA
agreement dated September 27, 1998, is a valid exercise of
the freedom to

_______________

23 Reparations Commission v. Northern Lines Inc., et al., G.R. No. L-

24835, 145 Phil. 24, 33; 34 SCRA 203 (1970).
24 Liberty Flour Mills Employees v. Liberty Flour Mills, Inc., G.R. Nos.
58768-70, 180 SCRA 668, 679-680 (1989).

365

VOL. 374, JANUARY 23, 2002 365

People vs. Daganio

contract. Under the principle of 25inviolability of contracts

guaranteed by the Constitution, the contract must be
upheld.
WHEREFORE, there being no grave abuse of discretion
shown, the instant petition is DISMISSED. No
pronouncement as to costs.
SO ORDERED.

Bellosillo (Chairman), Mendoza, Buena and De

Leon, Jr., JJ., concur.

Petition dismissed.

Notes.·The labor organization designated or selected

by the majority of the employees in an appropriate
collective bargaining unit shall be the exclusive
representative of the employees in such unit for the
purpose of collective bargaining. (Militante vs. National
Labor Relations Commission, 246 SCRA 365 [1995])
Although 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. (Malayang Samahan ng mga Manggagawa sa
M. Greenfield [MSMG-UWP] vs. Ramos, 326 SCRA 428
[2000])

··o0o··
© Copyright 2020 Central Book Supply, Inc. All rights reserved.