G.R. No. L-31676 September 30, 1970
ASSOCIATED LABOR UNION, petitioner, vs. HON. EMILIANO C. TABIGNE, Associate Judge of the COURT OF INDUSTRIAL RELATIONS, PHILIPPINE PACKING CORPORATION, and BUGO CANNERY & STEVEDORES LABOR UNION-UOEF No. 42, respondents.

FACTS

A petition for a certification election among the employees of respondent Philippine Packing Corporation was filed on December 28, 1966. On January 10, 1969, respondent Judge ordered the holding of the election. Motions for reconsideration were filed, questioning the list of eligible voters based on December 31, 1966 payrolls, citing changes in the workforce. The Court of Industrial Relations (CIR) en banc, in its resolution of June 11, 1969, ordered that the company’s payrolls as of December 31, 1968 be used in addition to the 1966 payrolls as the bases for determining eligible voters and directed the Department of Labor to conduct the election. Respondent company’s petition to review this en banc resolution was denied by the Supreme Court for lack of merit in G.R. No. L-30948, and the resolution became final and executory on November 7, 1969. The Department of Labor scheduled the certification election for February 20, 1970. Despite the finality of the order, respondent union filed a motion on February 4, 1970, seeking the inclusion of approximately 110 alleged employees not on the 1966 and 1968 payrolls and the exclusion of others. A motion to intervene was also filed on behalf of 504 alleged employees claiming regular status. Petitioner opposed these motions as an attempt to reopen the final resolution. Respondent Judge, on February 16, 1970, cancelled the scheduled election and suspended it until further orders, citing his inability to resolve the pending motions before the election date.

ISSUE

Whether or not respondent Judge acted without jurisdiction or with grave abuse of discretion in issuing the order of February 16, 1970, cancelling the scheduled certification election and indefinitely suspending its holding.

RULING

Yes. The Supreme Court granted the writs of certiorari and prohibition. Respondent Judge acted beyond his authority and jurisdiction. The question of eligible voters was conclusively decided by the CIR en banc resolution of June 11, 1969, which became final and executory after being upheld by the Supreme Court. This final ruling constituted the law of the case and was beyond respondent Judge’s power to alter or modify. The proper time to raise issues regarding changes in the workforce was during the pendency of the motion for reconsideration before the CIR en banc, which the court duly considered. Entertaining belated motions to alter the voters’ lists and suspending the election indefinitely, after years of delay, would render the process interminable and violate the mandatory duty to order an election under the Industrial Peace Act. The writ of preliminary injunction was made permanent, and respondent Judge was directed to request the Department of Labor to conduct the certification election immediately, using the December 31, 1966 and December 31, 1968 payrolls as the sole bases for the voters’ lists, without alteration.