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Samahang Manggagawa sa Charter Chemical Solidarity of Unions in the Philippines for

Empowerment and Reforms (SMCC-Super) vs. Charter Chemical and Coating Corporation
G.R. no. 169717 March 16, 2011
Del Castillo, J.

Facts:

- Petitioner Union filed a petition for certification election among the regular rank-and-file
employees of the respondent company with the MA of DOLE NCR.
o Respondent company filed a motion to dismiss on the ground that 1. Petitioner did not
comply with the requirements set by law as regards proper documentation (no
certification under oath of the charter certificate) and 2. There was an intermingling
between the supervisory and rank-and-file employees in the said organization.
- MA: Dismissed the petition for certification election, basically granting the arguments of
respondent.
- DOLE: initially dismissed the case, but upon MR, granted the petition.
o Granted the MR because of mistaken facts.
- CA: reversed; upheld the decision of the MA.
Hence, this petition.

Held:

- The charter certificate need not be certified under oath by the local unions secretary or treasurer
and attested to by its president.
o Sama-samang pahayag ng pagsapi at authorization + Listahan ng mga Dumalo sa
Pangkalahatang Pulong at mga Sumang-ayon at Nagratipika sa Saligang Batas not
among the documents required to be registered as a labor organization (as of DO no. 9
amendments to the IRR).
o While charter certificate is indeed required to be executed under oath under the rules, the
SC held, from jurisprudence, that such certification is unnecessary considering that the
charter certificate is prepared and issued by the national union/federation and not the
local/chapter. It does not make sense to have the local/chapters officers x x x certify or
attest to a document which they had no hand in preparation of.
- The mixture of rank-and-file and supervisory employees does not nullify its legal
personality as a legitimate labor organization.
o Since this case happened in Feb 1999, the applicable LC (and IRR) provisions would be
the one amended in 1997 effected by DO no. 9 (DO 9). Applicable also is the ruling in
Republic vs Kawashima Textile Mfg., Philippines Inc. (Kawashima) which contains that:
Previous rules: petition for certification election requires that there be a (c)
description of the bargaining unit which shall be the employer unit unless
circumstances otherwise require; and provided further, that the appropriate
bargaining unit of the rank-and-file employees shall not include supervisory
employees and/or security guards.
This clearly means that back then, a labor organization composed of both the
rank-and-file and supervisory employees is no labor organization at all, hence,
not possessing any right to file a petition for CE.
Amended Omnibus Rules further amended by DO 9 or otherwise the 1997
Amended Omnibus Rules: said requirementthat the petition for CE
indicate that the bargaining unit of the rank-and-file has not been mingled
with supervisory employeeswas removed.
Tagaytay Highlands International Golf Club Inc vs Tagaytay Highlands
Employees Union-PGTWO: While there is a prohibition against the
intermingling of supervisory and rank-and-file employees in one labor
organization, the LC does not provide for the effects thereof. After a labor
organization has been registered, it may exercise all the rights and privileges
of a legitimate labor organization.
Any intermingling between supervisory and rank-and-file employees in the labor
organization cannot affect its legitimacy for that is not among the grounds for
cancellation, unless such mingling was brought about by the misrepresentation,
false statement or fraud under Art. 239 of the LC.
- Legal personality of the union cannot be collaterally attacked by the respondent company in the
certification election proceedings.
o Again, in such proceedings, the company is merely a bystander. The choice of
representative of the employees is purely the latters concern.

Petition granted.

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