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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
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!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
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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