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S.S. Ventures International, Inc. vs. S.S. Ventures Labor Union PDF
S.S. Ventures International, Inc. vs. S.S. Ventures Labor Union PDF
S.S. Ventures International, Inc. vs. S.S. Ventures Labor Union PDF
Reference
Case Title:
30)S.S. VENTURES INTERNATIONAL,
INC., petitioner, vs. S.S. VENTURES
LABOR UNION (SSVLU) and DIR.
HANS LEO CACDAC, in His capacity
as Director of the Bureau of Labor
Relations (BLR), respondents
Citation: 559 SCRA 435
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is the inadequacy, and not the mere absence, of all other legal
remedies, and the danger of a failure of justice without it, that must
usually determine the propriety of the writ. (Chan vs. Secretary of
Justice, 548 SCRA 337 [2008])
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III.
PUBLIC RESPONDENT ACTED RECKLESSLY AND IMPRUDENTLY,
GRAVELY ABUSED ITS DISCRETION AND EXCEEDED ITS
JURISDICTION IN INVOKING THE CONSTITUTIONAL RIGHT TO
SELF-ORGANIZATION AND ILO CONVENTION NO. 87 TO JUSTIFY
THE MASSIVE FRAUD, MISREPRESENTATION, MISSTATEMENTS
AND FORGERY COMMITTED BY THE RESPONDENT UNION.13
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13 Rollo, pp. 11-12
14 Sec. 3.The State shall afford full protection to labor x x x organized and
unorganized x x x. It shall guarantee the rights of all workers in self-organization,
collective bargaining and negotiation, and peaceful concerted activities x x x.
15 2 Azucena, The Labor Code 197-198 (6th ed., 2007).
16 Supra note 2.
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The BLR, based on its official records, answered the poser in the
affirmative. Wrote the BLR:
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The bare fact that three signatures twice appeared on the list of
those who participated in the organizational meeting would not, to
our mind, provide a valid reason to cancel Certificate of
Registration No. RO300-00-02-UR-0003. As the Union tenably
explained without rebuttal from Ventures, the double entries are no
more than normal human error, effected without malice. Even the
labor arbiter who found for Ventures sided with the Union in its
explanation on the absence of malice.22
The cancellation of a unions registration doubtless has an
impairing dimension on the right of labor to self-organization.
Accordingly, we can accord concurrence to the following apt
observation of the BLR: [F]or fraud and misrepresentation [to be
grounds for] cancellation of union registration under Article 239 [of
the Labor Code], the nature of the fraud and misrepresentation
must be grave and compelling enough to vitiate the consent of a
majority of union members.23
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22 Id., at p. 127.
23 Id., at p. 152.
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state that this Court has consistently ruled that the application of
technical rules of procedure in labor cases may be relaxed to serve
the demands of substantial justice.26 So it must be in this case.
WHEREFORE, the petition is DENIED. The Decision and
Resolution dated October 20, 2003 and January 19, 2004,
respectively, of the CA are AFFIRMED. S.S. Ventures Labor Union
shall remain in the roster of legitimate labor organizations, unless
it has in the meantime lost its legitimacy for causes set forth in the
Labor Code. Costs against petitioner.
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24 Oriental Tin Can Labor Union, supra note 18, at p. 650.
25 San Miguel Foods, Inc.-Cebu B-Meg Feed Plant v. Laguesma, G.R. No.
116172, October 10, 1996, 263 SCRA 68, 82.
26 Fiel v. Kris Security Systems, Inc., G.R. No. 155875, April 3, 2003, 400 SCRA
533, 536; El Toro Security Agency, Inc. v. National Labor Relations Commission,
G.R. No. 114308, April 18, 1996, 256 SCRA 363, 366.
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