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PHILIPPINE LAND-AIR-SEA LABOR UNION (PLASLU), INC vs.

COURT OF INSDUSTIAL RELATIONS and


PEPSICOLA BOTTLING COMPANY

Facts:

Petitioner filed a petition with the CIR complaining about the separation from the service without
justifiable cause of its laborers and employees and praying that they be reinstated.

Secretary of Labor advised petitioner that its name as a labor union had been dropped from the list of
registered labor organizations for failure to meet certain requirement relative to the inspection of its
books of accounts.

Petitioner organized itself as a non-stock corporation under the Corporation Law with the SEC.

Respondent filed a MTD based on the ground that petitioner, not being a registered union, has no
capacity to sue under Commonwealth Act No. 213.

Issue: WON PLASLU has capacity to sue.

Held: EFFECT OF WITHDRAWAL OF LABOR UNION'S PERMIT

Yes, PLASLU has legal capacity to sue.

A labor union which is a party to a case it has filed, and whose permit is withdrawn, may continue as
party in the case without need of any substitution of parties, subject however to the understanding that
whatever decision may be rendered therein will only be binding upon those members of the union who
have not signified their desire to withdraw from the case before its trial and decision on the merits.

“This jurisdiction was not lost when the Department of Labor suspended the permit of the respondent
Kaisahan as a labor organization. For once jurisdiction is acquired by the Court of Industrial Relations it is
retained until the case is completely decided.” (Manila Hotel Employees Association vs. Manila Hotel)

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