POST WORKERS UNION OF THE PHILIPPINE V.

LAGUESMA - The contention that the petitioners had no right to represent the principal petitioners which
Substantial Support | 18 March 1992 | J. Cruz had not appealed the dismissal order is untenable. The certification election is not litigation
but a mere investigation of a non-adversary character where the rules of procedure are not
Digest maker: Africa strictly applied.
SUMMARY: SAMADA filed a petition for certification election. PWUP then filed a petition - Therefore, the petition for intervention was viable at the time it was filed because the
for intervention. However, the petitions were dismissed on the ground of failure to comply
principal petitions had complied with the requirement for the consent signatures as
with the requirement of 25% consent signatures at the time of the filing. SC held that there
was substantial compliance with the 25% consent signature requirement. specified by Article 256. Its intervention should not be disallowed simply because of the
withdrawal or failure to appeal of SAMADA and PEALU.
DOCTRINE: The mere filing of a petition for certification election within the freedom period
is sufficient basis for the issuance of an order for the holding of a certification election, RULING: Petition GRANTED.
subject to the submission of the consent signatures within a reasonable period from such
filing.
NOTE:
• Art. 256. Representation issue in organized establishments. — In organized establishments,
when a verified petition questioning the majority status of the incumbent bargaining agent is
FACTS: filed before the Department of Labor and Employment within the sixtyday period before the
1. When the CBA between ICTSI (company) and APCWU was about to expire, SAMADA expiration of the collective bargaining agreement, the MedArbiter shall automatically order
filed a petition for certification election. The consent signatures were submitted 11 days an election by secret ballot when the verified petition is supported by the written consent of
after the petition. Petitioner PWUP then filed a petition for intervention. at least twentyfive (25%) percent of all the employees in the bargaining unit to ascertain the
2. Another petition for certification election was filed PEALU. Consent signatures were
will of the employees in the appropriate bargaining unit
submitted 35 days after the filing.
3. APCWU filed a motion to dismiss on the ground of failure to comply with the
requirement of 25% consent signatures at the time of the filing. Granted. Only the
petitioner appealed, but the decision of the Med-Arbiter was upheld.
4. Petitioner argued the Med-Arbiter should automatically order election by secret ballot
when the petition is supported by at least 25% of all employees in the bargaining unit and
that SAMADA and PEALU substantially complied with the law when they submitted the
required consent signatures several days after filing the petition

ISSUE/S & RATIO:

1. WON there was compliance with the 25% consent signatures. — YES
- The simultaneous submission of the 25% consent signatures upon the filing of petition for
certification election should not be strictly applied to frustrate the determination of the
legitimate representative of the workers. Significantly, the requirement in the rule is not
found in Article 256 (now Art. 268), the law it seeks to implement.
- The mere filing of a petition for certification election within the freedom period is sufficient
basis for the issuance of an order for the holding of a certification election, subject to the
submission of the consent signatures within a reasonable period from such filing.
- Moreover, the petition to intervene filed by PWUP did not carry the 25% consent signatures,
but that the requirement is in fact not applicable to a petition in intervention.