G Holdings, Inc., v.

National Mines and Allied Workers Union Local 103 (NAMAWU)

G.R. No. 160236, October 16, 2009
Facts:

NAMAWU was the exclusive bargaining agent of the rank-and-file employees of Maricalum Mining
Corporation (MMC), an entity operating a copper mine and mill complex. MMC was incorporated by the DBP and
PNB on account of their foreclosure of MMCs assets. Later, DBP and PNB transferred it to the National
Government for disposition or privatization because it had become a non-performing asset.

On October 1992, pursuant to a Purchase and Sale Agreement (PSA) executed between petitioner and APT,
petitioner brought 90% of MMCs shares and financial claims. Upon signing of PSA and full satisfaction of the
stipulated down payment, petitioner immediately took physical possession of the mine and its facilities and took full
control of the management and operation of MMC.

Four years after, a labor dispute arose between MMC and NAMAWU with the latter filing with the NCMB
of a notice of strike. LA ruled in favor of NAMAWU. It ruled that the lay-off implement by MMC is illegal and it
committed ULP. On petition with this Court, we sustained the decision of LA. A partial writ of execution was
issued. The writ was not fully satisfied because of MMCs resisted its enforcement.

On October 2002, GHI filed with RTC a Special Civil Action for Contempt with issuance of TRO. GHI
contented that the property were subject of a Deed of Real Estate and Chattel Mortgage executed MMC in favor of
petitioner. RTC issued a TRO. On appeal to CA, CA set aside the RTC issuance of writ. Hence, this petition.

Issue:

Whether RTC can validly issued TRO to prevent the execution issued by labor tribunal.

Ruling:

It is settled that a RTC can validly issue a TRO and, later, a writ of preliminary injunction to prevent
enforcement of a writ of execution raised by a labor tribunal on the basis of a third-partys claim of ownership over
the properties levied upon. While, as a rule, no temporary or permanent injunction or restraining order in any case
involving or growing out of a labor dispute shall be issued by any court where the writ of execution issued by a
labor tribunal is sought to be enforced upon the property of a stranger to the labor dispute, even upon a mere prima
facie showing of ownership of such claimant a separate action for injunctive relief against such levy may be
maintained in court, since said action neither involves nor grows out of labor disputes insofar as the third party is
concerned.

Petition is granted.