8/12/2019 Case Digest in Labor Rev 2.5

1/3

Yokohama Tire Phils. Vs. Yokohama Employees Union

G.R. No. 163532, Marh 1!, 2!1!

"a#s$

Yokohama Employees Union (YEU) is the labor organization of the rank-and-file employees of

Yokohama Tire Philippines, Inc (YTPI) YEU !as registered as a legitimate labor labor "nion

on #$ %eptember #&&& YEU filed before the 'egional ffice a petition for certification election

YTPI filed a petition in the 'egional ffice for the reocation of YEU*s registration alleging fra"d

and misrepresentation by incl"ding signat"res of employees in the organizational doc"ments

despite the lack of kno!ledge of the employees of the election of "nion officers and sec"ring

signat"res of employees by making them beliee that they !ere signing a petition for a #+

increase in the minim"m !age, not a petition for registration YTPI*s petition !as granted and

YEU appealed to the ./', !hich reersed the decision

The ./' fo"nd that the persons !hose signat"res !ere allegedly sec"red thro"gh

misrepresentation neer asked for their signat"res to be remoed from the organizational

doc"ments, that some employees e0ec"ted a Sama-Samang Pahayag!hich alleged that they

hae indeed attended a meeting for the p"rpose of organizing and ratifying their Union .y /a!s

and that the employees did not 1"estion the legality of YEU*s organization The ./' also held

that altho"gh the Sama-Samang Pahayagdid not specifically mention that an election took

place d"ring the organizational meeting, it may be possible that the same !as cond"cted and

that any infirmity in the election of "nion officers may be remedied "nder the last paragraph of2rticle +3# of the /abor 4ode and "nder '"le 5I6 of 7/E 7epartment rder 8o &

YTPI filed for a motion for reconsideration before the ./', !hich !as denied Then a petition for

certiorari "nder '"le 9 !as filed in the 42, the same !as denied, as !ell as the motion for

reconsideration

%ss&e$

7id YEU commit fra"d and misrepresentation:

R&lin'$

8o ;hether YEU committed fra"d and misrepresentation in failing to remoe signat"res of

some employees from the list of employees !ho s"pported YEU*s application for registration

and !hether YEU cond"cted an election of its officers are 1"estions of fact YTPI, being the one

8/12/2019 Case Digest in Labor Rev 2.5

2/3

!hich filed the petition for the reocation of YEU*s registration, had the b"rden of proing that

YEU committed fra"d and misrepresentation The 42 already r"led that YTPI failed to proe

that YEU committed fra"d and misrepresentation

8/12/2019 Case Digest in Labor Rev 2.5

3/3

R&lin'$

8o 2 scr"tiny of the records fails to sho! any misrepresentation, false statement, or fra"d

committed by E'EU to merit cancellation of its registration The Union s"bmitted the re1"ired

doc"ments attesting to the facts of the organizational meeting on 7ecember 9, +$$, theelection of its officers, and the adoption of the Union*s constit"tion and by-la!s E'EU

complied !ith the mandatory minim"m +$ membership re1"irement "nder 2rt +?3(c) !hen it

had ?$ employees as member !hen it registered 2ny seeming infirmity in the application and

admission of "nion membership, most especially in cases of independent labor "nions, m"st be

ie!ed in faor of alid membership

In the iss"e of the affidaits of retraction e0ec"ted by si0 "nion members, the probatie al"e of

these affidaits cannot oercome those of the s"pporting affidaits of #+ "nion members and

their co"nsel as to the proceedings and the cond"ct of the organizational meeting on 7ecember

9, +$$ The 7/E 'egional 7irector and the ./' I4 7irector obio"sly erred in giing

credence to the affidaits of retraction, b"t not according the same treatment to the s"pporting

affidaits It is settled that affidaits partake the nat"re of hearsay eidence, since they are not

generally prepared by the affiant b"t by another !ho "ses his o!n lang"age in !riting the

affiant*s statement, !hich may th"s be either omitted or mis"nderstood by the one !riting them

It is re1"ired for affiants to re-affirm the contents of their affidaits d"ring the hearing of the

instant case for them to be e0amined by the opposing party, ie, the Union