Baptista, et al. v. Villanueva, et al. G.R. No.

194709 1 of 6

Republic of the Philippines

SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 194709 July 31, 2013
MINETTE BAPTISTA, BANNIE EDSEL SAN MIGUEL, and MA. FEDAYON, Petitioners,
vs.
ROSARIO VILLANUEVA, JANETTE ROLDAN, DANILO OLAYVAR, ONOFRE ESTRELLA,
CATALINO LEDDA, MANOLO GUBANGCO, GILBERT ORIBIANA, CONSTANCIO SANTIAGO,
RUTH BAYQUEN, RUBY CASTANEDA, ALFRED LANDAS, JR., ROSELYN GARCES, EUGENE
CRUZ, MENANDRO SAMSON, FEDERICO MUNOZ and SALVADOR DIWA, Respondents.
DECISION
MENDOZA, J.:
This Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil Procedure filed by Minette
Baptista, Bannie Edsel San Miguel and Ma. Fe Dayon (petitioners) assails the March 9, 2010 Decision and the
December 1, 2010 Resolution of the Court of Appeals (CA) in CA-G.R. SP No. 105027, which affirmed the March
31, 2008 Decision of the National Labor Relations Commission (NLRC) dismissing the complaint for Unfair Labor
Practice (ULP) filed against the named respondents.
The Facts
Petitioners were former union members of Radio Philippines Network Employees Union (RPNEU), a legitimate
labor organization and the sole and exclusive bargaining agent of the rank and file employees of Radio Philippines
Network (RPN), a government-sequestered corporation involved in commercial radio and television broadcasting
affairs, while the respondents were the unions elected officers and members.
On April 26, 2005, on suspicion of union mismanagement, petitioners, together with some other union members,
filed a complaint for impeachment of their union president, Reynato Siozon, before the executive board of RPN,
which was eventually abandoned. They later re-lodged the impeachment complaint, this time, against all the union
officers and members of RPNEU before the Department of Labor and Employment (DOLE). They likewise filed
various petitions for audit covering the period from 2000 to 2004.
Thereafter, two (2) written complaints, dated May 26, 2005 and May 27, 2005, were filed against petitioners and
several others for alleged violation of the unions Constitution and By-Laws. Months later, on September 19, 2005,
a different group of union members filed a third complaint against petitioners and 12 others, before the Chairman
of RPNEUs Committee on Grievance and Investigation (the Committee) citing as grounds the "commission of an
act which violates RPNEU Constitution and By-Laws, specifically, Article IX, Section 2.2 for joining or forming a
union outside the sixty (60) days period and Article IX, Section 2.5 for urging or advocating that a member start an
action in any court of justice or external investigative body against the Union or its officer without first exhausting
all internal remedies open to him or available in accordance with the CBL." These complaints were, later on,
consolidated.
Thereafter, petitioners received a memorandum notice from Jeric Salinas, Chairman of the Committee, requesting
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them to answer the complaint and attend a hearing scheduled on October 3, 2005. Petitioners and their group,
through an exchange of communications with the Committee, denied the charges imputed against them and
contested the procedure adopted by the Committee in its investigation. On November 9, 2005, the Committee
submitted their recommendation of expulsion from the union to RPNEUs Board of Directors. On December 21,
2005, the RPNEUs Board of Directors affirmed the recommendation of expulsion of petitioners and the 12 others
from union membership in a Board Resolution No. 018-2005. Through a Memorandum, dated December 27, 2005,
petitioners were served an expulsion notice from the union, which was set to take effect on December 29, 2005. On
January 2, 2006, petitioners with the 12 others wrote to RPNEUs President and Board of Directors that their
expulsion from the union was an ultra vires act because the Committee failed to observe the basic elements of due
process because they were not given the chance to physically confront and examine their complainants.
In a letter, dated January 24, 2006, RPNEUs officers informed their company of the expulsion of petitioners and
the 12 others from the union and requested the management to serve them notices of termination from employment
in compliance with their CBAs union security clause. On February 17, 2006, RPN HRD Manager, Lourdes
Angeles, informed petitioners and the 12 others of the termination of their employment effective March 20, 2006,
enforcing Article II, Section 2 also known as the union security clause of their current CBA.
Aggrieved, petitioners filed three (3) separate complaints for ULP against the respondents, which were later
consolidated, questioning legality of their expulsion from the union and their subsequent termination from
employment.
In a decision, dated April 30, 2007, the Labor Arbiter (LA) ruled in favor of the petitioners and adjudged the
respondents guilty of ULP pursuant to Article 249 (a) and (b) of the Labor Code. The LA clarified that only the
union officers of RPNEU could be held responsible for ULP, so they exonerated six (6) of the original defendants
who were mere union members. The LA also ordered the reinstatement of petitioners as bonafide members of
RPNEU. The decretal portion reads:
WHEREFORE, premises above considered, a decision is being issued declaring union officers Ruth Bayquen,
Ruby Castaeda, Alfred Landas, Roce Garces, Board of Directors Federico Muoz, Janette Roldan, Rosario
Villanueva, Menandro Samson, Salvador Diwa and Eugene Cruz guilty of unfair labor practice for violating Article
249, paragraph A and B of the Labor Code. Respondents are also ordered to cease and desist from further
committing unfair labor practice and order the reinstatement of the complainants as bonafide members of the
union.
The other claims are hereby denied for lack of factual and legal basis.
SO ORDERED.
Undaunted, the respondents appealed the LA decision to the NLRC.
In its Decision, dated March 31, 2008, the NLRC vacated and set aside the LA decision and dismissed the
complaint for ULP for lack of merit. The NLRC found that petitioners filed a suit calling for the impeachment of
the officers and members of the Executive Board of RPNEU without first resorting to internal remedies available
under its own Constitution and By-Laws. The NLRC likewise decreed that the LAs order of reinstatement was
improper because the legality of the membership expulsion was not raised in the proceedings and, hence, beyond
the jurisdiction of the LA. The fallo of the NLRC decision reads:
WHEREFORE, the partial appeal filed by the respondents is GRANTED. The decision, dated 30 April 2007 is
Baptista, et al. v. Villanueva, et al. G.R. No. 194709 3 of 6

VACATED and SET ASIDE. The complaint is dismissed for lack of merit.
SO ORDERED.
Petitioners filed for a motion for reconsideration, but the NLRC denied it in its Resolution, dated May 30, 2008.
The CA, in its March 9, 2010 Decision, sustained the NLRC decision. The CA stated that the termination of
employment by virtue of a union security clause was recognized in our jurisdiction. It explained that the said
practice fortified the union and averted disunity in the bargaining unit within the duration of the CBA. The CA
declared that petitioners were accorded due process before they were removed from office. In fact, petitioners were
given the opportunity to explain their case and they actually availed of said opportunity by submitting letters
containing their arguments.
Petitioners moved for reconsideration, but the CA likewise denied the same in its December 1, 2010 Resolution,
The CA expounded:
Anent petitioners charge of ULP against respondents, the records are barren of proof to sustain such charge. What
remains apparent is that petitioners were expelled from the union due to their violation of Section 2.5 of Article IX
of the CBL which punishes the act of "urging or advocating that a member start an action in any court of justice or
external investigative body against the Union or any of its officer, without first exhausting all internal remedies
open to him or available in accordance with the Constitution and By-Laws of Union." As petitioners expulsion was
pursuant to the unions CBL, We absolve respondents of the charges of ULP absent any substantial evidence to
sustain it.
The importance of a unions constitution and bylaws cannot be overemphasized. They embody a covenant between
a union and its members and constitute the fundamental law governing the members rights and obligations. As
such, the unions constitution and bylaws should be upheld, as long as they are not contrary to law, good morals or
public policy. In Diamonon v. Department of Labor and Employment, the High Court affirmed the validity and
importance of the provision in the CBL of exhaustion of administrative remedies, viz:
When the Constitution and by-laws of both unions dictated the remedy for intra-union dispute, such as petitioners
complaint against private respondents for unauthorized or illegal disbursement of union funds, this should be
resorted to before recourse can be made to the appropriate administrative or judicial body, not only to give the
grievance machinery or appeals body of the union the opportunity to decide the matter by itself, but also to prevent
unnecessary and premature resort to administrative or judicial bodies. Thus, a party with an administrative remedy
must not merely initiate the prescribed administrative procedure to obtain relief, but also pursue it to its appropriate
conclusion before seeking judicial intervention.
Thus, petitioners advance the following
GROUNDS/ARGUMENTS IN SUPPORT OF THE PETITION
1. WITH DUE RESPECT, THE HONORABLE COURT OF APPEALS MISERABLY FAILED TO
APPRECIATE THE REAL ISSUE IN THIS CASE.
2. WITH DUE RESPECT, THE DECISION AND RESOLUTION ARRIVED AT BY THE HONORABLE
COURT OF APPEALS ARE NOT IN ACCORD WITH LAW AND APPLICABLE JURISPRUDENCE,
THEREBY GRAVELY ABUSING ITS DISCRETION AMOUNTING TO LACK OR IN EXCESS OF
JURISDICTION.
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Petitioners submit that the respondents committed ULP under Article 289 (a) and (b) of the Labor Code. They
insist that they were denied substantive and procedural due process of law when they were expelled from the
RPNEU.
The petition is bereft of merit.
The primary concept of ULP is embodied in Article 247 of the Labor Code, which provides:
Article 247. Concept of unfair labor practice and procedure for prosecution thereof.Unfair labor practices violate
the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of
both labor and management, including their right to bargain collectively and otherwise deal with each other in an
atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable
labor-management relations.
In essence, ULP relates to the commission of acts that transgress the workers right to organize. As specified in
Articles 248 and 249 of the Labor Code, the prohibited acts must necessarily relate to the workers' right to self-
organization and to the observance of a CBA. Absent the said vital elements, the acts complained, although
seemingly unjust, would not constitute ULP.
In the case at bench, petitioners claim that the respondents, as union officers, are guilty of ULP for violating
paragraphs (a) and (b) of Article 249 of the Labor Code, to wit:
ART. 249. UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS.- It shall be unfair labor practice for a
labor organization, its officers, agents or representatives:
(a) To restrain or coerce employees in the exercise of their rights to self-organization. However, a labor
organization shall have the right to prescribe its own rules with respect to the acquisition or retention of
membership:
(b) To cause or attempt to cause an employer to discriminate against an employee, including discrimination
against an employee with respect to whom membership in such organization has been denied or to
terminate an employee on any ground other than the usual terms and conditions under which membership or
continuation of membership is made available to other members;
Petitioners posit that the procedure that should have been followed by the respondents in resolving the charges
against them was Article XVII, Settlement of Internal Disputes of their Constitution and By-Laws, specifically,
Section 2 thereof, requiring members to put their grievance in writing to be submitted to their union president, who
shall strive to have the parties settle their differences amicably. Petitioners maintain that any form of grievance
would be referred only to the committee upon failure of the parties to settle amicably.
The Court is not persuaded.
Based on RPNEUs Constitution and By-Laws, the charges against petitioners were not mere internal squabbles,
but violations that demand proper investigation because, if proven, would constitute grounds for their expulsion
from the union. As such, Article X, Investigation Procedures and Appeal Process of RPNEUs Constitution and By-
Laws, which reads
SECTION 1. Charge against any member or officer of the Union shall be submitted to the Board of
Directors (BOD) in writing, which shall refer the same, if necessary, to the committee on Grievance
and Investigation. The Committee shall hear any charge and subsequently, forward its finding and
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recommendation to the BOD. The BOD has the power to approve or nullify the recommendation of the
Committee on Grievance and Investigation based on the merit of the appeal.

was correctly applied under the circumstances.

Besides, any supposed procedural flaw in the proceedings before the Committee was deemed cured when
petitioners were given the opportunity to be heard. Due process, as a constitutional precept, is satisfied when a
person was notified of the charge against him and was given an opportunity to explain or defend himself. In
administrative proceedings, the filing of charges and giving reasonable opportunity for the person so charged to
answer the accusations against him constitute the minimum requirements of due process. The essence of due
process is simply to be heard, or as applied to administrative proceedings, an opportunity to explain ones side, or
an opportunity to seek a reconsideration of the action or ruling complained of. It cannot be denied that petitioners
were properly notified of the charges filed against them and were equally afforded the opportunity to present their
side.
Next, petitioners point out that they were not given the opportunity to personally face and confront their accusers,
which were violative of their right to examine the complainants and the supposed charges against them.
Petitioners contention is without merit. Mere absence of a one-onone confrontation between the petitioners and
their complainants does not automatically affect the validity of the proceedings before the Committee. Not all cases
necessitate a trial-type hearing. As in this case, what is indispensable is that a party be given the right to explain
ones side, which was adequately afforded to the petitioners.
It is well-settled that workers and employers organizations shall have the right to draw up their constitutions and
rules to elect their representatives in full freedom, to organize their administration and activities and to formulate
their programs. In this case, RPNEUs Constitution and By-Laws expressly mandate that before a party is allowed
to seek the intervention of the court, it is a pre-condition that he should have availed of all the internal remedies
within the organization. Petitioners were found to have violated the provisions of the unions Constitution and By-
Laws when they filed petitions for impeachment against their union officers and for audit before the DOLE without
first exhausting all internal remedies available within their organization. This act is a ground for expulsion from
union membership. Thus, petitioners expulsion from the union was not a deliberate attempt to curtail or restrict
their right to organize, but was triggered by the commission of an act, expressly sanctioned by Section 2.5 of
Article IX of the unions Constitution and By-Laws.1wphi1
For a charge of ULP against a labor organization to prosper, the onus probandi rests upon the party alleging it to
prove or substantiate such claims by the requisite quantum of evidence. In labor cases, as in other administrative
proceedings, substantial evidence or such relevant evidence as a reasonable mind might accept as sufficient to
support a conclusion is required. Moreover, it is indubitable that all the prohibited acts constituting unfair labor
practice should materially relate to the workers' right to self-organization.
Unfortunately, petitioners failed to discharge the burden required to prove the charge of ULP against the
respondents. Aside from their self-serving allegations, petitioners were not able to establish how they were
restrained or coerced by their union in a way that curtailed their right to self-organization. The records likewise
failed to sufficiently show that the respondents unduly persuaded management into discriminating against
petitioners. other than to bring to its attention their expulsion from the union, which in turn, resulted in the
implementation of their CBA' s union security clause. As earlier stated, petitioners had the burden of adducing
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substantial evidence to support its allegations of ULP, which burden they failed to discharge. In fact, both the
NLRC and the CA found that petitioners were unable to prove their charge of ULP against the respondents.
It is axiomatic that absent any clear showing of abuse, arbitrariness or capriciousness, the findings of fact by the
NLRC, especially when affirmed by the CA, as in this case, are binding and conclusive upon the Court. Having
found none, the Court finds no cogent reason to deviate from the challenged decision.
WHEREFORE, the petition is DENIED. The March 9, 2010 Decision and the December 1, 2010 Resolution of
the Court of Appeals in CA-G.R. SP No. 105027 are AFFIRMED.
SO ORDERED.
Velasco, Jr., (Chairperson), Peralta, Abad, Mendoza, and Leonen, JJ., concur.