Guagua Vs CA

 

LABOR RELATIONS GUAGUA NATIONAL COLLEGES v. v.  COURT OF APPEALS, GNC FACULTY AND LABOR UNION AND GNC NON-TEACHING MAINTENANCE LABOR UNION G.R. No. 188492, August 28, 2018 , EN BANC, (BERSAMIN, J.  )  ) 

DOCTRINE: The petition for review shall be filed within 15 days pursuant to Section 4, Rules 43 of the Rules of Court ; the 10-day period under Article 276 of the Labor Code  refers   refers to the filing of a motion for reconsideration visà-vis the Voluntary Arbitrator's decision or award.

FACTS:

In order to save the depleting funds of the Guagua National Colleges’  (GNC) Retirement Plan, its Board of Trustees approved the funding of the retirement program out of the 70% net incremental proceeds arising from the tuition fee increases as imposed under R.A. 6728. GNC-Faculty Labor Union (GNC-FLU) and GNC Non-Teaching Maintenance Labor Union (GNCNTML NT MLU) U) chal challe leng nged ed the the GNC’ GNC’s s unila unilate teral ral deci decisi sion on by clai claimi ming ng that that the the increa inc rease se violat violated ed Sectio Section n 5(2) 5(2) of R.A. R.A. No. 6728.T 6728.The he partie parties s referr referred ed the matter mat ter to volunt voluntary ary arbitr arbitrati ation on after after failin failing g to settle settle the contro controver versy sy by  themselves. Voluntary Arbitrator Froilan M. Bacungan rendered his decision dated  June 16, 2008 in favor of GNC. After receiving a copy of the decision on June 16,, 2008 16 2008,, th theG eGN NC-FL C-FLU U andG andGNC NC-N -NTM TMLU LU fi file led d an Ur Urg gent ent Mot Motion ion fo for  r  that16, the2008, CA grant them an extension of petition 15 daysfor from July  Extension   praying 1, 2008, or until July within which to file their review.  The Court of Appeals issued a resolution granting the Urg Urgent ent Motion Motion for  Extension . The GNC-FLU andGNC-NTMLU filed the petition for review on  July 16, 2008.Subsequently, GNC filed its Motion to Dismiss , asserting that the the deci decisi sion on of the the Volu Volunt ntar ary y Arbi Arbitr trat ator or had alre alread ady y beco become me final final and executory pursuant to Article 276 of the Labor Code and in accordance with the ruling in Coca-Cola Bottlers Philippines, Inc. Sales Force UnionPTGWO-  Balais v. Coca-Cola Bottlers Philippines, Inc .  The CA acted on the Motion to Dismiss on December 15, 2008 through the now assailed resolution denying the Motion to Dismiss.

 

ISSUE:

Is the Court of Appeals acted arbitrarily when it denied the Motion to Dism Di smis issd sdes espi pite te the the final finalit ity y of the the deci decisi sion on of the the Volu Volunt ntar ary y Arbi Arbitr trat ator or pursuant to Article 276 of the Labor Code? RULING:

NO.  The Court of Appeals correctly noted that Coca-Cola Bottlers Philip Phi lippin pines, es, Inc. Inc. Sales Sales Force Force UnionUnion-PTG PTGWO-B WO-Bala alais is v. Coca-C Coca-Cola ola Bottl Bottlers ers Philippines, Inc. did not make a definitive ruling on the correct reglementary  period for the filing of the petition for review. Given the varying applications of the periods defined in Article 276 and Section 4 of Rule 43, the CA could not be objectively held to be guilty of grave abuse of discretion in applying the equitable rule on construction in favor of labor. Under Article 276 of the Labor Code, the award or decision of the Voluntary Arbitrator or panel of Voluntary Arbitrators shall contain the facts and the law on which it is based. It shall be final and executory after ten (10) calendar days from receipt of the copy of the award or decision by the parties. Accordingly, the decisions and awards of Voluntary Arbitrators, albeit immedi imm ediate ately ly final final and execut executory ory,, remain remained ed subjec subjectt to judici judicial al review review in appropriate cases through petitions for certiorari.  The 10-day period stated in Article 276 should be understood as the peri pe riod od with within in whic which h the the part party y adve advers rsel ely y affe affect cted ed by the the ruli ruling ng of the the Volu Vo lunt ntar ary y Arbi Arbitr trat ator ors s or Pane Panell of Arbi Arbitr trat ator ors s may may fi file le a moti motion on fo forr reconsideration. Only after the resolution of the motion for reconsideration may the aggrieved party appeal to the CA by filing the petition for review under Rule 43 of the Rules of Court within 15 days from notice pursuant to Section 4 of Rule 43.