GR 26439; (January, 1970) (Digest)
G.R. No. L-26439 January 30, 1970
VETERANS SECURITY FREE WORKERS UNION (FFW), petitioner, vs. HONORABLE GAUDENCIO CLORIBEL, as Vice-Executive Judge and Presiding Judge of Branch VI, of the Court of First Instance of Manila, JAMILA & COMPANY, INC., CHIEF OF POLICE OF MANILA, and SHERIFF OF MANILA, respondents.
FACTS
Respondent Jamila & Company, Inc., operating as Veterans Philippine Scouts Security Agency, is engaged in providing security guard services. Its contracts with clients stipulate that the guards remain its employees under its supervision and control, and it assumes responsibility for their claims. Petitioner Veterans Security Free Workers Union (FFW), claiming to represent a majority of the company’s employees, sent collective bargaining proposals on March 14, 1966. The petitioner alleges that the company subsequently dismissed union officers and members for their union activities. After filing a notice of strike, the union went on strike and established a picket line on May 6, 1966. The following day, May 7, 1966, the company filed a complaint (Civil Case No. 65327) with the Court of First Instance of Manila, alleging the strike was illegal because no employer-employee relationship existed, the picketing involved threats of bodily harm, and the company faced breach of contract suits from clients due to the strike. The company prayed for a declaration that no employer-employee relationship existed, that the strike and picket were illegal, for a perpetual injunction against picketing, and for attorney’s fees. Respondent Judge Gaudencio Cloribel issued ex-parte orders on May 9 and 10, 1966, restraining the strike and picketing and authorizing the Chief of Police and Sheriff to implement the order, and a further order on May 26, 1966, for continued implementation. On May 11, 1966, the union filed a case for mandatory certification (Case No. 1689-MC) and an unfair labor practice charge (Charge No. 1136-ULP) with the Court of Industrial Relations, citing refusal to bargain and illegal dismissals. The union’s motion for reconsideration of the lower court’s orders was denied on July 3, 1966. The union then filed the present petition for certiorari and prohibition.
ISSUE
Whether the Court of First Instance of Manila had jurisdiction over the complaint filed by Jamila & Company, Inc., which sought to declare the strike and picket illegal and to resolve the question of employer-employee relationship, or whether such matters fall within the exclusive jurisdiction of the Court of Industrial Relations.
RULING
The Supreme Court granted the writs of certiorari and prohibition. It ruled that the matters involved in the civil case before the Court of First Instance—specifically the legality of the strike and picket arising from allegations of unfair labor practice (refusal to bargain and dismissal of union members)—are identical to those at issue in the certification and unfair labor practice cases pending before the Court of Industrial Relations and fall within its exclusive jurisdiction. The Court held that jurisdiction over cases involving unfair labor practices is vested exclusively in the Court of Industrial Relations by Section 5(a) of the Industrial Peace Act (Republic Act 875), and this exclusive jurisdiction is not affected by the prior filing of a civil case in the Court of First Instance. The question of the existence of an employer-employee relationship is a matter that properly falls within the jurisdiction of the Industrial Court to determine in the pending cases. Accordingly, the respondent judge’s orders dated May 9, 10, and 26, 1966, were declared null and void, and the preliminary injunction issued by the Supreme Court was made permanent.
