Celine Marketing Corporation v. Laguesma
REITERATIONFacts
1. The Antecedents: Celine Marketing Corporation is the subject of a petition for certification election filed by the Confederation of Filipino Workers (CFW) to be recognized as the exclusive bargaining agent for its rank-and-file employees. The CFW sought to represent employees across multiple outlets of the corporation. 2. Procedural History: The CFW filed its petition on August 26, 1990, later amending it to encompass a broader range of employees and locations. Celine Marketing Corporation moved to dismiss the petition, citing the CFW's alleged lack of majority authorization and failure to submit a charter certificate. The Med-Arbiter initially dismissed the petition on these grounds. However, the union appealed this decision to the Secretary of Labor and Employment, who, through Undersecretary Bienvenido E. Laguesma, granted the appeal and ordered a certification election. 3. The Petition: Celine Marketing Corporation filed this petition for certiorari to challenge the resolution issued by Undersecretary Laguesma. The petitioner argues that the Undersecretary acted in excess of jurisdiction by setting aside the Med-Arbiter's order, contending that the power of review could not be delegated by the Secretary of Labor and Employment. Furthermore, the petitioner asserts that the Undersecretary erred in overriding the Med-Arbiter's decision despite the CFW's alleged non-compliance with mandatory requirements for filing a petition for certification election.
Issue(s)
Whether the Undersecretary of Labor and Employment acted in excess of jurisdiction in setting aside the Med-Arbiter's order when the appeal was addressed to the Secretary of Labor and Employment. Whether the Undersecretary erred in setting aside the Med-Arbiter's order despite the alleged failure of the private respondent to comply with mandatory requirements.
Ruling
The petition for certiorari is DISMISSED. The resolution of the Undersecretary of Labor and Employment ordering the holding of a certification election is affirmed.
Ratio Decidendi
On the first issue (Jurisdiction of the Undersecretary): The Court held that the issuance of the questioned resolution by Undersecretary Laguesma was not irregular. He acted with the authority of the Secretary of Labor and Employment. The resolution, not having been repudiated or reversed by the head of office, carries the force and effect of a resolution of the Secretary himself. This principle is supported by established legal precedents from the U.S. Supreme Court, which are persuasive in Philippine jurisprudence regarding the delegation of authority within executive departments. The delegation of authority to an Undersecretary to act for the Secretary is a common practice in government administration, ensuring efficiency in the disposition of cases. Therefore, the Undersecretary did not act in excess of jurisdiction. On the second issue (Compliance with Mandatory Requirements): The Court found that while the petition for certification election might not have carried the authorization of a majority of the rank-and-file employees, their consent is not a prerequisite when the bargaining unit is still unorganized. Article 257 of the Labor Code, as amended by R.A. 6715, explicitly provides that in an unorganized establishment, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of a petition by a legitimate labor organization. The law presumes the union to be the real party in interest in such petitions. The certification election itself serves as the appropriate forum for employees to express their choice regarding representation. Thus, the alleged failure to comply with certain requirements, such as majority authorization, does not invalidate the order for a certification election in an unorganized setting.
Main Doctrine
In an unorganized establishment, a petition for certification election may be filed by any legitimate labor organization, and the consent of the majority of the rank-and-file employees is not necessary, as the election itself is the forum for them to express their choice.