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  • (Dummy) Gancho-On vs. Sec. of Labor and Employment

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    Macky Lee
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    This case involved a petition by a labor union to exclusively represent truck drivers at Eros Repair Shop. The shop owner claimed there was no employer-employee relationship. The labor department ordered a certification election. The union lost the election with no votes in its favor. The Supreme Court held that since the union lost the election, the question of whether an employer-employee relationship existed was no longer relevant, as there was no longer a live controversy to resolve. The Court dismissed the case as moot and academic since the issue that prompted the petition was no longer present given the election results.

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    This case involved a petition by a labor union to exclusively represent truck drivers at Eros Repair Shop. The shop owner claimed there was no employer-employee relationship. The labor department ordered a certification election. The union lost the election with no votes in its favor. The Supreme Court held that since the union lost the election, the question of whether an employer-employee relationship existed was no longer relevant, as there was no longer a live controversy to resolve. The Court dismissed the case as moot and academic since the issue that prompted the petition was no longer present given the election results.

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    66 views2 pages

    (Dummy) Gancho-On vs. Sec. of Labor and Employment

    Uploaded by

    Macky Lee
    This case involved a petition by a labor union to exclusively represent truck drivers at Eros Repair Shop. The shop owner claimed there was no employer-employee relationship. The labor department ordered a certification election. The union lost the election with no votes in its favor. The Supreme Court held that since the union lost the election, the question of whether an employer-employee relationship existed was no longer relevant, as there was no longer a live controversy to resolve. The Court dismissed the case as moot and academic since the issue that prompted the petition was no longer present given the election results.

    Copyright:

    © All Rights Reserved
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    of 2

    GANCHO-ON v.

    SECRETARY OF LABOR AND EMPLOYMENT

    G.R. NO. 108033

    April 17, 1997

    BELLOSILLO, J.

    FACTS:

     On January 16, 1992, the respondent Lakas ng Nagkakaisang Manggagawa-PAFLU filed with the
    Department of Labor and Employment (DOLE) a petition for certification election in a bid to
    exclusively represent the truck drivers of Eros Repair Shop.
     Petitioner Teofisto C. Gancho-on, owner of the shop, moved for the dismissal of the petition on
    the ground of absence of employer-employee relationship. He contended that the members of
    respondent Union who would constitute the proposed bargaining unit were not employees of
    his shop but of individual owners of the trucks used in the trucking and hauling business
    managed by his wife, Herminia.
     On 13 May 1992 the petition for certification election was given due course with the following
    options: respondent union, or no union at all. Petitioner assailed the order for certification
    election before respondent Secretary of Labor and Employment, still insisting on the absence of
    employer-employee relationship.
     Petitioner raises the same issue before the Supreme Court. On 11 January 1993 the certification
    election nevertheless proceeded. Respondent union thereafter submitted to the Court an
    original copy of the declaration of the final certification election results showing that it did not
    garner a single vote because out of thirty-six (36) drivers, all of the twenty (20) who cast their
    votes favored a "no union."

    ISSUE:

    WON it is still necessary for the Court to resolve the issue of employer-employee relationship. (NO)

    RULING:

    The Court held that:

    Petitioner entirely misses the material points which have rendered the present proceeding moot
    and academic. First, subject resolution of respondent Secretary as aforestated decreed that the pre-
    election conference preparatory to the certification election be immediately conducted. The
    certification election thereafter became a fait accompli. Second, in a sense salutary to petitioner, the
    defeat suffered by respondent Union in its bid to be certified as the sole bargaining agent of the truck
    drivers made irrelevant the findings of both the Med-Arbiter-Designate and respondent Secretary that
    an employer-employee relationship existed. It should be emphasized that the issue of employer-
    employee relationship came into being only because petitioner denied its existence in his motion to
    dismiss the petition for certification election. Since the certification proceeding before the Med-Arbiter
    merely provided the mainspring of this petition the defeat of respondent Union in the election has
    stripped this case of its raison d'etre.
    It is a rule of universal application, almost, that courts of justice constituted to pass upon
    substantial rights will not consider questions in which no actual interests are involved; they decline
    jurisdiction of moot cases. And where the issue has become moot and academic, there is no justiciable
    controversy, so that a declaration thereon would be of no practical-use or value. There is no actual
    substantial relief to which petitioners would be entitled and which would be negated by the dismissal of
    the petition. The petition is DISMISSED for being moot and academic.

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