CASE 2017-0029: UNITED POLYRESINS, INC., ERNESTO UY SOON, JR., AND/OR JULITO UY SOON, PETITIONERS, VERSUS MARCELINO PINUELA, RESPONDENT (G.R. NO. 209555, G.R. NO. 209555, 31 JULY 2017, DEL CASTILLO, J.) (SUBJECT/S: EXPULSION FROM UNION AS CAUSE FOR DISMISSAL; DIFFERENCE BETWEEN EXPULSION FROM UNION AND IMPEACHMENT OF OFFICER; FILING OF ESTAFA CASE NOT GROUND FOR DISMISSAL) (BRIEF TITLE: UNITED POLYRESINS ET AL VS. MARCELINO PINUELA)
DISPOSITIVE:
“WHEREFORE, for the foregoing reasons, the Petition is hereby DENIED. The December 11, 2012 Decision and October 10, 2013 Resolution of the Court of Appeals in CA-G.R. SP No. 115402 are AFFIRMED.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
WHAT HAPPENED IN THIS CASE?
RESPONDENT PINUELA, FORMER UNION PRESIDENT, WAS EXPELLED FROM PETITIONER LABOR UNION. ON GROUND OF EXPULSION HE WAS DISMISSED. THE ISSUE WAS WHETHER HIS DISMISSAL WAS VALID. THE COURT OF APPEALS RULED THAT HIS DISMISSAL WAS NOT VALID BECAUSE HIS EXPULSION FROM THE UNION WAS NOT VALID. THE GROUND RELIED UPON FOR EXPULSION WAS CAUSE FOR IMPEACHMENT OF UNION OFFICERS AND NOT FOR EXPULSION. THE SUPREME COURT AFFIRMED CA DECISION.
RESPONDENT WAS EXPELLED BECAUSE HE FAILED TO ACCOUNT CERTAIN UNION FUND. WAS HIS EXPULSION VALID?
NO. BECAUSE HIS FAILURE TO ACCOUNT FOR CERTAIN FUNDS WAS NOT ONE OF THE GROUNDS FOR EXPELLING A MEMBER. THESE GROUNDS PER THE CONSTITUTION OF THE UNION ARE:
1. SUBVERSIVE OR PERSONS WHO PROFESS SUBVERSIVE IDEAS.
2. PERSONS WHO HAVE BEEN CONVICTED OF CRIME INVOLVING MORAL TURPITUDE.
3. PERSONS WHO ARE NOT EMPLOYEES OF THE COMPANY.39
“A review of the PORF A Constitution itself reveals that the only provision authorizing removal from the union is found in Article X, Section 6, that is, on the ground of failure to pay union dues, special assessments, fines, and other mandatory charges. 38 On the other hand, grounds for disqualification from membership may be found in Article IV, which states that:
Section 3. The following are not eligible neither [sic] for membership nor to election or appointment to any position in the union:
1. Subversive or persons who profess subversive ideas.
2. Persons who have been convicted of crime involving moral turpitude.
3. Persons who are not employees of the company.39”
BUT A CASE OF ESTAFA WAS ALREADY FILED AGAINST RESPONDENT. IS THIS NOT A GROUND FOR EXPULSION?
NO. BECAUSE RESPONDENT IS NOT YET CONVICTED.
SPECIFICALLY, THE RESPONDENT FAILED TO RETURN THE P300,000.00 GIVEN BY THE COMPANY TO THE UNION. CAN THIS NOT BE A JUST GROUND FOR THE DISMISSAL?
NO. IN FACT THE CONTRIBUTION OF THE COMPANY TO THE UNION IS ILLEGAL.
“The matter of respondent’s alleged failure to return petitioners’ 1!300,000.00 which was lent to PORFA is immaterial as well. It may not be used as a ground to terminate respondent’s employment; under the Labor Code, such a contribution by petitioners to PORF A is illegal and constitutes unfair labor practice.
ART. 248. Unfair labor practices of employers. -It shall be unlawful for an employer to commit any of the following unfair labor practice:
xx xx
(d) To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters;42 (Emphasis supplied)”
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