CASE DIGEST: SUGBUANON RURAL BANK, INC. VS LAGUESMA

SUGBUANON RURAL BANK, INC.

VS

LAGUESMA

325 SCRA 425

February 2, 2000

NATURE:

Special civil action for certiorari and prohibition

FACTS:

-Petitioner Sugbuanon Rural Bank, Inc., (SRBI, for brevity) is a duly-registered banking institution with principal office in Cebu City and a branch in Mandaue City. Private respondent SRBI Association of Professional, Supervisory, Office, and Technical Employees Union (APSOTEU) is a legitimate labor organization affiliated with the Trade Unions Congress of the Philippines (TUCP).

-On October 8, 1993, the DOLE Regional Office in Cebu City granted Certificate of Registration to APSOTEU-TUCP, hereafter referred to as the union.

-On October 26, 1993, the union filed a petition for certification election of the supervisory employees of SRBI. It alleged, among others, that: (1) APSOTEUTUCP was a labor organization duly-registered with the Labor Department; (2) SRBI employed 5 or more ART. 212 (e) “Employer” includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer. ART. 258. When an employer may file petition. -When requested to bargain collectively, an employer may petition the Bureau for an election. If there is no existing certified acollective bargaining agreement in the unit, the Bureau be shall, after hearing, order a certification election. All certification cases shall be decided within twenty (20) working days. med The Bureau shall conduct a certification election within of twenty (20) days in accordance with the rules and

regulations prescribed by the Secretary of Labor.