BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • PAYROLL SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS PROCESS OUTSOURCING
    • INTERNAL AUDIT
    • I.T. SOLUTIONS
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US

a collections of case digests and laws that can help aspiring law students to become a lawyer. 
this webpage is
 primarily designed to assist students of law in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law degree nor in passing the Bar Exams. we makes no warranties or representations of any kind, whether expressed or implied for the Services provided. The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. we gives no warranty for the accuracy or the completeness of the materials. This site also contains materials published by the students, professors, lawyers, and other users of the our Services. 


​Diokno vs. Cacdac, July 4, 2007

8/7/2022

0 Comments

 
​Diokno v. Cacdac, July 4, 2007
 
In the union elections of the First Line Association of Meralco Supervisory Employees (FLAMES), a legitimate labor organization, the Committee on Election (COMELEC) rejected several candidates.  Private respondents filed a Petition before the Med-Arbitration Unit of DOLE.  Petitioners filed a Petition with the COMELEC seeking to disqualify private respondents.  COMELEC declared private respondents disqualified to run and/or participate in the elections.  Eventually, COMELEC proclaimed Diokno, et. al., as winners in the elections.
 
Private respondents filed with DOLE a Petition to nullify the order of their disqualification, nullify the election proceedings and declare holding of a new election.  Another group filed a separate petition questioning the elections.
 
Med-Arbiter decided in favor of private respondents.  On appeal, Director of BLR affirmed in toto the decision of the Med-Arbiter.  CA found petitioners’ appeal to be bereft of merit.
 
Whether the Bureau of Labor Relations has jurisdiction over the case despite failure of private respondents to exhaust administrative remedies within the union.
Yes.  Art. 226 of the Labor Code is explicit in declaring that the Bureau of Labor Relations (BLR) has the original and exclusive jurisdiction on all inter-union and intra-union conflicts.
 
The controversy in the case is an intra-union dispute.  The dispute is within or inside FLAMES, a labor union.  At issue is the propriety of the disqualification of private respondents Data, et. al., by the FLAMES COMELEC in the 7 May 2003 elections.  The Petition which was initiated by Daya, et. al., before the BLR was properly within its cognizance, it being an intra-union dispute. 
0 Comments



Leave a Reply.

    Archives

    July 2023
    June 2023
    May 2023
    January 2023
    December 2022
    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • PAYROLL SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS PROCESS OUTSOURCING
    • INTERNAL AUDIT
    • I.T. SOLUTIONS
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US