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Legend International Resorts Limited (Legend) vs Kilusang Manggagawa ng Legenda

- !une "# $%%&# KML 'iled wit( t(e Med-)r*itration +nit o' t(e D,LE# -an
Fernando# Pam.anga# a petition for certification election/ KML alleged
t(at it is a legitimate la*or organi0ation o' t(e ran1 and 'ile em.lo2ees o'
Legend/ It was issued its 3erti'ication o' Registration *2 D,LE on Ma2 &4#
- Legend moved to dismiss t(e .etition on t(e grounds t(at it is not a
legitimate la*or organi0ation *ecause its mem*ers(i. is a mi5ture o' ran1
and 'ile em.lo2ees and su.ervisor2 em.lo2ees/ KML also committed acts o'
'raud and misre.resentation w(en it made it a..ear t(at certain em.lo2ees
attended its general mem*ers(i. meeting on April 5, 2001 w(en in realit2
some o' t(em were eit(er at wor1# (ave alread2 resigned# or were a*road/
- - KML argued t(at even i' t(e su.ervisor2 em.lo2ees were e5cluded 'rom
mem*ers(i.# t(e certi'ication election could still .roceed *ecause t(e
re6uired num*er o' total ran1 and 'ile em.lo2ees necessar2 is still sustained/
It also claimed t(at its legitimac2 as a la*or union cannot *e attac1ed
- Med )r*iter 7udgment September 20, 2001 dismissed KML8s .etition 'or
certi'ication election/ -ince its mem*ers(i. included su.ervisor2 em.lo2ees#
it was not a legitimate la*or organi0ation/ KML was also guilt2 o' 'raud and
misre.resentation9 :% em.lo2ees w(o were claimed to *e among t(ose w(o
attended its organi0ational meeting were eit(er at wor1 or elsew(ere/
- ,''ice o' t(e -ecretar2 o' D,LE May 22, 2002 decision reversed Med-
)r*iter8s decision/ KML8s legitimac2 as a union cannot *e attac1ed
collaterall2/ T(e .resence o' su.ervisor2 em.lo2ees does not ipso facto
render t(e e5istence o' a la*or organi0ation illegal/ Mi5ed mem*ers(i. is not
one o' t(e grounds 'or dismissal o' a .etition 'or certi'ication election/
,rdered t(e immediate conduct o' t(e certi'ication election/
- Legend 'iled a Motion 'or Reconsideration/ It also alleged t(at it 'iled a
petition for cancellation of union registration of KML w(ic( was
granted *2 t(e D,LE Regional ,''ice# November 7, 2001/ MFR was denied
in a resolution dated August 20, 2002 a 'inal order o' cancellation is
re6uired *e'ore a .etition 'or certi'ication o' election ma2 *e dismissed on
t(e ground o' lac1 o' legal .ersonalit2# and t(at t(e Novem*er :# $%%&
decision was reversed *2 t(e ;LR Marc 2!, 2002/
- 3) (eld t(at t(e issue on t(e legitimac2 o' KML as a la*or organi0ation (as
alread2 *een settled wit( 'inalit2/ T(e Marc( $"# $%%$ decision u.(olding t(e
legitimac2 (ad long *ecome 'inal and e5ecutor 'or 'ailure o' Legend to
a..eal/KML *eing a legitimate la*or org# it could .ro.erl2 'ile a .etition 'or
certi'ication election/ Legend 'iled MFR stating t(at it (as a..ealed to t(e 3)
t(e Marc 2!, 2002 decision and is still .ending/ 3) denied MFR/
&/ <(et(er Legend (as timel2 a..ealed t(e Marc( $"# $%%$ decision (re
cancellation o' union registration)
$/ <(et(er t(e cancellation o' KML8s certi'icate o' registration s(ould retroact to
t(e time o' its issuance (it was cancelled in t(e Novem*er :# $%%& decision)
=/ <(et(er t(e legitimac2 o' t(e legal .ersonalit2 o' KML can *e collaterall2
attac1ed in a .etition 'or certi'ication election
&/ ?es/ T(e Marc( $"# $%%$ decision (as not 2et attained 'inalit2 considering
t(at it (as timel2 a..ealed to t(e 3) and w(ic( at t(at time is still .ending
resolution/ Legend timel2 'iled on -e.t "# $%%$ a .etition 'or certiorari *e'ore
t(e 3) assailing t(e Marc( $"# $%%$ decision/
,n !une =%# $%%@# 3) reversed t(e Marc( $"# $%%$ decision o' t(e ;LR and
reinstated t(e Novem*er :# $%%& decision cancelling t(e certi'icate o'
registration o' KML/ KML8s MRF was denied/ KML 'iled a .etition 'or certiorari
*e'ore t(e -3 w(ic( was denied/ KML moved 'or reconsideration *ut it was
denied wit( 'inalit2/ T(e decision to cancel KML8s certi'icate o' registration
*ecame 'inal and e5ecutor2 and entr2 o' 7udgment was made on !ul2 &4#
$/ No/ )ccording to )3) vs 3alle7a# a certi'ication .roceeding is not a litigation in
t(e sense t(at t(e term is ordinaril2 understood# *ut an investigation o' a
non-adversarial and 'act-'inding c(aracter/ An or"er to ol" a certification
election is proper "espite te pen"ency of te petition for
cancellation of te registration certificate of te respon"ent union#
$e rationale is tat at te time te union file" te petition, it still
a" te legal personality to perform suc act absent an or"er
"irecting te cancellation#
T(ere is no *asis 'or Legend8s assertion t(at t(e cancellation o' KML8s
certi'icate o' registration s(ould retroact to t(e time o' its issuance or t(at it
e''ectivel2 nulli'ied all o' KML8s activities# including its 'iling o' t(e .etition 'or
certi'ication election and its demand to collectivel2 *argain/
=/ N,/ T(e legitimac2 o' t(e legal .ersonalit2 o' KML cannot *e collaterall2
attac1ed in a .etition 'or certi'ication election .roceeding/ -uc( legal
.ersonalit2 ma2 not *e su*7ect to a collateral attac1 *ut onl2 t(roug( a
se.arate action instituted .articularl2 'or t(e .ur.ose o' assailing it/
S% affirme" te May 22, 2002 "ecision (KML8s legitimac2 cannot *e attac1ed
collaterall2# .resence o' su.ervisor2 em.lo2ees does not render it illegal) an" te
August 20, 2002 resolution (a 'inal order o' cancellation is re6uired *e'ore a
.etition 'or certi'ication election ma2 *e dismissed on t(e ground o' lac1 o'
.ersonalit2# reversed Marc( $"# $%%$ decision)