Progressive development corporation-pizza hut,petitioner v.

Laguesma,Undersec of labor,&NLM defendant Facts NLM-Katipunan filed a petition for certification election with the DOLE in behalf of the rank''n file employees of the pro ressi!e de!" corp#pi$$a hut%"&etitioners filed a motion to dismiss alle in fraud'falsification and misrepresentation in the respondent"(he motion specifically alle ed that a"% respondent union re istration was tainted with false'for ed'double or multiple si natures of those who alle edly took part in the ratification of the respondent union's constitution and bylaws and in the election of its officers that there were ) sets of supposed attendees to the alle ed or ani$ational meetin that was alle ed to ha!e taken place on *une)+',--." b"% while the application for re istration of the charter was supposed to ha!e been appro!ed in the or ani$ational meetin held on much less' c"% application for re istration of the charter was supposed to ha!e been appro!ed in the or ani$ational meetin held on ,--.' the charter cert issued by the federation K/(0&1N/N was dated ,--. or , day prior to the formation of the chapter' thus' there were serious falsities in the dates of the issuance of the charter cert and the or ani$ation meetin of the alle ed chapter" d"% !otin was not conducted by secret ballot in !iolation of atr" )2,'sec#c% of the labor code #e% the constitution 3 by laws submitted" 0ssue 4halle e the le al personality of the respondent union" 5ulin (he court held that to determine the !alidity of labor unions art").2 re6uiremets of re istration must be complied with" 0f its application for re istration is !itiated by falsification and serious irre ularities'especially those appearin on the face of the application and the supportin documents' a labor or ani$ation should be denied reco nitin as a le itimate labor or " 7herefore' inasmuch as the le al personality of respondent union had been seriously challen e'it would ha!e been more prudent to ha!e ranted petitioners re6uest for the suspension of proceedin s in the cert election case'until the issue of the le ality of the unions re istration shall ha!e been resol!ed"Failure of the med-arbiter and public respondent to heed the re6uest constituted a ra!e abuse of discretion"

Case igest on !abriel, et al v. "ecretar# of Labor, !.$. No. %%&'(', March %), *+++Labor La, /pril ,)' )8,, 9: / and ; were employed by &/L as load controller and check-in clerk' respecti!ely" On <anuary ,-' ,--.' a passen er by the name of 4ominero checked in for the fli ht" 0t appears that ; reflected a li hter wei ht of ba a e on 4ominero=s ticket to make it appear that the same was within the allowable le!el" 7hen the anomaly was later disco!ered' ; went to the cashier to pay the e>cess ba a e fee" 4ominero further paid the sum representin the e>cess ba a e fee" ; implicated / in the anomaly" / and ; were char ed with ?fraud a ainst the company@ and were found uilty and meted with the penalty of dismissal" (he NL54 found that the alle ed defraudin of &/L=s e>cess ba a e re!enue was not the handiwork of / and that &/L failed to show it suffered loss in re!enues as a conse6uence of pri!ate respondent=s 6uestioned act" 7as / !alidly dismissedA

/: Bes" (he core of &/L=s e!idence a ainst / included the report of ;" 0t was erroneous for the NL54 to ha!e discredited ;=s testimony because he appeared uilty as well" (here is substantial e!idence showin that pri!ate respondent had direct in!ol!ement in the ille al poolin of ba a e" /=s act is ine>cusable as it constitutes a serious offense under petitioner=s 4ode of Discipline" (he fact that &/L failed to show it suffered losses in re!enue is immaterial as pri!ate respondent=s mere attempt to depri!e petitioner of its lawful remedy is already tantamount to fraud" (herefore' / was !alidly dismissed and as such was for a *ust cause' he is not entitled to backwa es nor separation pay"