G.R. No. L-24811, March 3, 1967
MARITIME COMPANY OF THE PHILIPPINES (MCP); MARINE OFFICERS’ ASSOCIATION OF THE PHILIPPINES (MOAP) and GENERAL MARITIME STEVEDORES’ UNION OF THE PHILIPPINES (GMSU), petitioners, vs. HON. ANSBERTO P. PAREDES, in his capacity as Associate Judge of the Court of Industrial Relations, and PHILIPPINE MARITIME INDUSTRIAL UNION (PMIU), respondents.

FACTS

On March 16, 1965, the Philippine Maritime Industrial Union (PMIU) served a notice to strike against the Maritime Company of the Philippines (MCP) concerning labor disputes involving the crews of M/V “Doña Aurora” and M/V “Doña Alicia.” The crew of the “Doña Aurora,” docked in Kobe, Japan, struck on March 17, 1965. The PMIU filed unfair labor practice charges against MCP on March 25, 1965, with supplemental charges on April 19, 1965. On May 24, 1965, the President certified the labor dispute to the Court of Industrial Relations (CIR), docketed as Case No. 60-IPA and assigned to Judge Ansberto P. Paredes. On the same date, MCP and PMIU entered into a “Memorandum Agreement for the Return to Manila of the ‘Doña Aurora,'” approved by the CIR on May 31, 1965. The agreement stipulated, among other things, that the strike of the “Doña Aurora” crew would be certified to the CIR, the vessel would be sailed back to Manila by its striking crew, and the strikers would continue to serve on the vessel without dismissal or lay-off pending the certified case. On June 10, 1965, PMIU filed a verified petition in CIR Case No. 60-IPA praying for the strike to be declared legal. MCP, MOAP, and GMSU (as intervenors) filed answers alleging the strike was illegal. Subsequently, PMIU filed several motions before the CIR, including motions concerning crew replacements, payment of unpaid salaries, and incidents related to the alleged boarding of the vessel by a “cleaning gang” and the vessel’s departure from Manila leaving some crew members behind. Respondent Judge issued an order on June 22, 1965, enjoining the parties to maintain the status quo. Petitioners MCP, MOAP, and GMSU filed an urgent motion on July 9, 1965, seeking to suspend hearings on PMIU’s motions and to proceed instead with the hearing on the legality of the strike. Respondent Judge denied this motion in an order dated July 19, 1965, deciding to continue hearing PMIU’s motions where the right to return to work was not in issue. Petitioners filed a motion for reconsideration, which was denied. They then filed the instant petition for certiorari and prohibition with the Supreme Court, arguing that the CIR should first resolve the issue of the strike’s legality before hearing incidental matters.

ISSUE

Whether the Court of Industrial Relations committed a grave abuse of discretion in refusing to hear and decide first the issue of the legality or illegality of the strike staged by the crew of the “Doña Aurora” before hearing and resolving the incidental motions filed by the respondent union.

RULING

The Supreme Court dismissed the petition. It held that the respondent Judge did not commit a grave abuse of discretion in issuing the orders of July 19, 1965, and July 30, 1965. The Court distinguished the present case from Philippine Can Company v. CIR, cited by petitioners, noting significant differences: (1) the instant case involves public interest (maritime industry), while the Philippine Can case did not; (2) the strikers here were not formally dismissed, unlike in Philippine Can where they were dismissed; (3) there was a Memorandum Agreement in this case for the strikers to continue serving, and they had returned to work, whereas no such agreement existed in Philippine Can; (4) MCP did not allege business losses or that it did not need the crew’s services, unlike the company in Philippine Can; and (5) in Philippine Can, the CIR ordered a return to work before deciding the strike’s legality, while here the strikers had already returned to work by agreement. The Court found that the respondent Judge’s order to hear motions where the right to return to work was not in issue was proper. The writ of preliminary injunction issued on August 5, 1965, was dissolved.