G.R. No. L-71959 - NOVEMBER 1985 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. L-71959November 28, 1985Trade Unions of the Philippines vs. Hon. Jose L. Coscolluela Jr., et al. G.R. No. L-45498November 22, 1985Elizalde Special Police Union vs. Office of the President G.R. No. L-58671November 22, 1985Eduvigis J. Cruz vs. Court of Appeals G.R. No. L-62648November 22, 1985Maria Luisa Flor C. Bañez, et al. vs. Dimensional Const. Trade and Development Corporation, et al. G.R. No. L-67181November 22, 1985Restituto Nonato, et al. vs. Intermediate Appellate Court, et al. G.R. No. L-67609November 22, 1985People of the Philippines vs. Roberto T. Toledo G.R. No. L-69243November 22, 1985Continental Leaf Tobacco (Phil) Inc. vs. Intermediate Appellate Court G.R. No. L-69511November 22, 1985People of the Philippines vs. Paciano M. Plaza G.R. No. L-71065November 22, 1985University of the East vs. National Labor Relations Commission G.R. No. L-24864November 19, 1985Fortunato Halili vs. Court of Industrial Relation G.R. No. L-67399November 19, 1985Republic of the Philippines vs. Intermediate Appellate Court G.R. No. L-68113November 19, 1985Aquilino Q. Pimentel, Jr., vs. Commission on Elections G.R. No. L-69576November 19, 1985Cicero J. Punsalan vs. Estelito P. Mendoza G.R. No. L-69765-67November 19, 1985Mahadi M. Pimping vs. COMELEC G.R. No. L-30560November 18, 1985Jose De La Santa vs. Court of Appeals G.R. No. L-63370November 18, 1985Alejandro Jonas P. Magtoto vs. National Labor Relations Commission A.M. No. R-14-MTJNovember 14, 1985Juan Bartolay vs. Leodegario A. Belarmino G.R. No. L-46893November 12, 1985Republic of the Philippines vs. Francisco Ricarte G.R. No. L-54761November 13, 1985Manuel M. Villar, et al. vs. Jolly R. Bugarin, et al. G.R. No. L-61571November 13, 1985People of the Philippines vs. Wilfrando Manligas G.R. No. L-65439November 13, 1985Pamantasan Ng Lungsod Ng Maynila vs. Intermediate Appellate Court A.C. No. 2655November 11, 1985Leonard W. Richards vs. Patricio A. Asoy G.R. No. L-39780November 11, 1985Elmo Muñasque vs. Court of Appeals G.R. No. L-40105November 11, 1985Nestor L. Centeno vs. Court of Appeals G.R. No. L-41425November 11, 1985Antonio Martinez vs. Court of Appeals G.R. No. L-47089November 11, 1985Filipinas Life Assurance Company, Inc. vs. Hon. Ildefonso M. Bleza, et al. G.R. No. L-55144November 11, 1985Philippine National Cooperative Bank vs. Hon. Felicidad Carandang-Villalon G.R. No. L-60409November 11, 1985Tiburcio Guita vs. Court of Appeals G.R. No. L-62072November 11, 1985People of the Philippines vs. Renato Santos G.R. No. L-65150November 11, 1985National Federation of Labor vs. National Labor Relations Commission G.R. No. L-66935November 11, 1985Isabela Roque vs. Intermediate Appelate Court G.R. No. L-45906November 7, 1985Baldomero Aribon vs. Workmen's Compensation Commission, et al. G.R. No. L-68347November 7, 1985Cynthia Nolasco vs. Juan Ponce Enrile G.R. No. L-48779November 5, 1985People of the Philippines vs. Ernesto Guiyab G.R. No. L-51651November 5, 1985Benjamin Limso vs. Commissioner De Guzman Jr. G.R. Nos. L-60532-33November 5, 1985Tupas Local Chapter No. 979 vs. National Labor Relations Commission G.R. No. L-44973November 4, 1985People of the Philippines vs. Ernesto C. Santos The Lawphil Project - Arellano Law Foundation, Inc. Trade Unions of the Philippines vs. Hon. Jose L. Coscolluela Jr., et al.Elizalde Special Police Union vs. Office of the PresidentEduvigis J. Cruz vs. Court of AppealsMaria Luisa Flor C. Bañez, et al. vs. Dimensional Const. Trade and Development Corporation, et al.Restituto Nonato, et al. vs. Intermediate Appellate Court, et al.People of the Philippines vs. Roberto T. ToledoContinental Leaf Tobacco (Phil) Inc. vs. Intermediate Appellate CourtPeople of the Philippines vs. Paciano M. PlazaUniversity of the East vs. National Labor Relations CommissionFortunato Halili vs. Court of Industrial RelationRepublic of the Philippines vs. Intermediate Appellate CourtAquilino Q. Pimentel, Jr., vs. Commission on ElectionsCicero J. Punsalan vs. Estelito P. MendozaMahadi M. Pimping vs. COMELECJose De La Santa vs. Court of AppealsAlejandro Jonas P. Magtoto vs. National Labor Relations CommissionJuan Bartolay vs. Leodegario A. BelarminoRepublic of the Philippines vs. Francisco RicarteManuel M. Villar, et al. vs. Jolly R. Bugarin, et al.People of the Philippines vs. Wilfrando ManligasPamantasan Ng Lungsod Ng Maynila vs. Intermediate Appellate CourtLeonard W. Richards vs. Patricio A. AsoyElmo Muñasque vs. Court of AppealsNestor L. Centeno vs. Court of AppealsAntonio Martinez vs. Court of AppealsFilipinas Life Assurance Company, Inc. vs. Hon. Ildefonso M. Bleza, et al.Philippine National Cooperative Bank vs. Hon. Felicidad Carandang-VillalonTiburcio Guita vs. Court of AppealsPeople of the Philippines vs. Renato SantosNational Federation of Labor vs. National Labor Relations CommissionIsabela Roque vs. Intermediate Appelate CourtBaldomero Aribon vs. Workmen's Compensation Commission, et al.Cynthia Nolasco vs. Juan Ponce EnrilePeople of the Philippines vs. Ernesto GuiyabBenjamin Limso vs. Commissioner De Guzman Jr.Tupas Local Chapter No. 979 vs. National Labor Relations CommissionPeople of the Philippines vs. Ernesto C. SantosThe Lawphil Project - Arellano Law Foundation, Inc.
Manila
SECOND DIVISION
G.R. No. L-71959 November 28, 1985
TRADE UNIONS OF THE PHILIPPINES & ALLIED SERVICES LOCAL CHAPTER NO. 1158 (SUPER GARMENTS MANUFACTURING CORPORATION WORKERS UNION),petitioner,
vs.
HON. JOSE L. COSCOLLUELA JR., PRESIDING JUDGE OF BRANCH CXLVI REGIONAL TRIAL COURT OF MAKATI AND RUSTAN COMMERCIAL CORPORATION,respondents.
R E S O L U T I O N
ABAD SANTOS,J.:
The petition seeks to enjoin the public respondent from further proceeding in Civil Case No. 10905 of the Regional Trial Court of Makati, Metro Manila. Upon the filing of the petition this Court issued a temporary restraining order and required the private respondent to comment.
Petitioner union filed a notice of strike with the Ministry of Labor and Employment against Super Garments Manufacturing Corporation on May 12, 1985. The strike commenced on June 8, 1985 and is said to be still on.
Super Garments and Rustan Commercial Corporation have separate compartments in the same building at Malugay and streets It is called the Yupangco building.
It is alleged by the petitioner union that goods of Super Garments were spirited out of its strike-bound premises thru Rustan's warehouse. Whereupon, the union picketed not only Super Garments but also Rustan. As a result Rustan filed Civil Case No. 10905 before the respondent judge for injunction and damages thru the PECABAR law office and petition No. 971 with the National Labor Relations Commission also to enjoin the union from picketing its premises. The petition was filed by another counsel, Atty. Armando B. Ampil.
In Civil Case No. 10905, the respondent judge issued an order on June 21, 1985 setting "the hearing of theapplication for a writ of preliminary injuction on June 27, 1985 at 2:00 o'clock in the afternoon." On July 15, 1985, the respondent judge issued the writ after finding no employer-employee relationship between the parties. This order prompted the petitioner union to come to this Court for the purpose aforesaid.
In the meantime, petitioner union on July 12, 1985, filed a complaint for unfair labor practice against both Super Garments and Rustan alleging that the former is but the manufacturing arm of the latter.ℒαwρhi৷
Petitioner union claims that respondent judge has no jurisdiction to issue an injunction because the case is a labor dispute; that the prerogative belongs to the Minister of Labor and Employment. Upon the other hand, private respondent Rustan says that the respondent judge has jurisdiction because there is no labor dispute between it and the union even as it went to the National Labor Relation Commission to seek Identical relief.
At this stage there appears to be no labor dispute between the petitioner and the private respondent for which reason the latter was justified in seeking relief in respondent judge's court. ihe unfair labor complaint filed by petitioner union on Page 304 July 12, 1985 does not prove a labor relationship. By the same token it was improper for the private respondent to have filed Case No. 971 with the National Labor Relations Commission.
In the light of the foregoing, the petition is dismissed for lack of merit and the temporary restraining order issued on September 23, 1985 is hereby lifted. However, private respondent Rustan Commercial Corporation is directed to withdraw its case before the National Labor Relations Commission. No costs.
SO ORDERED,
Concepcion, Jr. (Chairman), Escolin Cuevas and Alampay, JJ., concur.