FIRSTDIVISION
[G.R.No.76273,July31,1987]
FEUDR.NICANORREYESMEDICALFOUNDATION,INC.,
PETITIONER,VS.HON.CRESENCIANOTRAJANOANDRICARDO
C.CASTRO,FAREASTERNUNIVERSITYDR.NICANORREYES
MEDICALFOUNDATION,INC.ALLIANCEOFFILIPINO
WORKERS(AFW),RESPONDENTS.
DECISION
PARAS,J.:
This is a petition for certiorari seeking to annul and set aside the decision of the
respondentDirectorwhichaffirmedtheOrderoftheMedArbiterinthepetitionfor
certification election (NCRLRDN205086) filed by private respondent, thus
orderingtheholdingofacertificationelectionamongtherankandfileemployeesof
thehereinpetitioner.
Thefactsofthecaseareasfollows:
Thepetitioner,FarEasternUniversityDr.NicanorReyesMemorialFoundation,Inc.,
has a work force of about 350 rank and file employees, majority of whom are
membersofprivaterespondentAllianceofFilipinoWorkers.
On February 13, 1986, private respondent filed a Petit ion for Consent and/or
Certification Election with The Ministry of Labor and Employment. The petitioner
opposedthepetitiononthegroundthatasimilarpetitioninvolvingthesameissues
andthesamepartiesispendingresolutionbeforetheSupremeCourt,docketedas
G.R.No.L49771.
Initspositionpaper,privaterespondentadmitted:thatasearlyasMay10,1976,
privaterespondentfiledasimilarpetitionforcertificationelectionwiththeMinistry
ofLaborandEmploymentbutthepetitionwasdeniedbytheMEDArbiterandthe
Secretary of Labor on appeal, on the ground that the petitioner was a nonstock,
nonprofit medical institution, therefore, its employees may not form, join, or
organizeaunionpursuanttoArticle244oftheLaborCodethatprivaterespondent
filed a petition for certiorari with the Supreme Court (docketed as G.R. No. L
49771)assailingtheconstitutionalityofArticle244oftheLaborCodethatpending
resolutionoftheaforesaidpetition,oronMay1,1980,BatasPambansaBilang70
was enacted amending Article 244 of the Labor Code, thus granting even
employeesofnonstock,nonprofitinstitutionstherighttoform,joinandorganize
labor unions of their choice and that in the exercise of such right, private res
pondent filed another petition for certification election with the Ministry of Labor
andEmployment(NCRLRDN205086).
OnApril17,1986,theMedArbiterissuedanOrdergrantingthepetition,declaring
that a certification election be conducted to determine the exclusive bargaining
representativeofalltherankandfileemployeesofthepetitioner(p.4,Rollo).
Respondent Director affirmed said Order on appeal. In dismissing the appeal,
however,respondentDirectorsaidthat:
"xxx respondent's (petitioner herein) reliance on the petition with the
Supreme Court involving as it does the provisions of Article 244 of the
Labor Code visavis the character of the hospital, which has been
allegedasanonprofitmedicalfoundation,hasbeenrenderedmootand
academicbyvirtueoftheamendatoryBP#70,whichallowsemployeesof
nonprofitmedicalinstitutionstounionize.
Whatever doubt there may be on the right of the workers in a medical
institutionhasbeenlaidtorestbyBP#70.
WHEREFORE, premises considered, the present appeal is hereby
dismissed for lack of merit and the Order of the MedArbiter dated 17
April1986affirmedxxx."(p.19,Rollo)
Hence,thispetition,raisingtheissueofwhetherornotrespondentDirectorgravely
abused his discretion in granting the petition for certification election, despite the
pendency of a similar petition before the Supreme Court (G.R. No. 49771) which
involvesthesamepartiesforthesamecause.
ThePetitionisdevoidofmerit.
AtthetimeprivaterespondentfileditspetitionforcertificationelectiononFebruary
13,1986,Article244oftheLaborCodewasalreadyamendedbyBatasPambansa
Bilang70,towit:
"Art. 244. Coverage and employees' right to selforganization. All
persons employed in commercial, industrial and charitable, medical, or
educational instit utions whether operating for profit or not, shall have
the right to selforganizations of their own choosing for purposes of
collectivebargaining.Ambulantintermittentanditinerantworkers,self
employed people, rural workers and those without any definite
employers may form labor organizations for the purpose of enhancing
anddefendingtheirinterestsandfortheirmutualaidandprotection."
(underscoringsupplied).
Undertheaforequotedprovision,thereisnodoubtthatrankandfileemployeesof
nonprofit medical institutions (as herein petitioner) are now permitted to form,
organize or join labor unions of their choice for purposes of collective bargaining.
Since private respondent had complied with the requisites provided by law for
calling a certification election (p. 15, Rollo), it was incumbent upon respondent
Director to conduct such certification election to ascertain the bargaining
representative of petitioner's employees (Samahang Manggagawa Ng Pacific Mills,
Inc.vs.Noriel,134SCRA152).
As held in Quimpo v. Dela Victoria, 46 SCRA 139, in order that the pendency of
anotheractionbetweenthesamepart iesforthesamecausemaybeavailedofasa
ground to dismiss a case, there must be, between the action under consideration
and the other action: (1) identity of parties, or at least such as representing the
sameinterestinbothactions(2) identity of rights asserted and relief prayed for,
the relief being founded on the same facts and (3) the identity on the two
precedingparticularsshouldbesuchthatanyjudgmentwhichmayberenderedon
theotheractionwill,regardlessofwhichpartyissuccessful,amounttoresjudicata
intheactionunderconsideration.
In the instant case, any judgment which may be rendered in the petition for
certioraripendingbeforetheSupremeCourt(G.R.No.L49771)willnotconstitute
resjudicatainthepetitionforcertificationelectionunderconsideration,forwhilein
theformer,privaterespondentquestionedtheconstitutionalityofArticle244ofthe
Labor Code before its amendment, in the latter, private respondent invokes the
samearticleasalreadyamended.
Petitioner, however, has pointed out that respondent Director should not have
arrogated upon himself the power to declare the aforesaid petition for certiorari
(G.R. No. L49771) moot and academic, as the same is subjudice and only the
SupremeCourtcandecidethematter.TheDirectorcannotbefaultedforhehadto
makeadecision.
WHEREFORE, this petition is DISMISSED, and the decision appealed from is
herebyAFFIRMED.
SOORDERED.
Teehankee,C.J.,Narvasa,Cruz,andGancayco,JJ.,concur.
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