SAMMA-LIKHA v. SAMMA Corporation

CASE NO. 4 OF 50





Petitioner, SAMMA-LIKHA filed a petition for certification election in the Department of Labor and Employment (DOLE), which the respondent moved for the dismissal of said petition.

In an order, med-arbiter Arturo  Cosuco ordered the dismissal of the petition on the following grounds:

(1) lack of legal personality for failure to attach the certificate of registration purporting to show its legal personality;

(2) prohibited mixture of rank-and-file and supervisory employees and

(3) failure to submit a certificate of non-forum shopping.

Petitioner then moved for reconsideration where Labor Acting Secretary Manuel Imson, treating the motion as an appeal, rendered a decision reversing the order of the med-arbiter. He ruled that the legal personality of a union cannot be collaterally attacked but may only be questioned in an independent petition for cancellation of registration.

Respondent filed a petition for certiorari in the CA assailing the resolution of the Secretary of Labor but the  CA reversed the same.

Hence, this petition.

The issues for resolution are the following:

(1) whether a certificate for non-forum shopping is required in a petition for certification election;

(2) whether petitioner’s motion for reconsideration which was treated as an appeal by the Secretary of Labor should not have been given due course for failure to attach proof of service on respondent and

3) whether petitioner had the legal personality to file the petition for certification election.


On the first issue. the CA erred in declaring that a certificate of non-forum shopping was required in a petition for certification election.

Notably, under the Labor Code and the rules pertaining to the form of the petition for certification election, there is no requirement for a certificate of non-forum shopping.

As to the treatment of Motion for Reconsideration as an Appeal, the motion was properly treated as an appeal because it substantially complied with the formal requisites.

On the third issue, the Court agrees with the petitioner that the erroneous inclusion of one supervisory employee in the union of rank-and-file employees was not a ground to impugn its legitimacy as a legitimate labor organization which had the right to file a petition for certification election.

WHEREFORE, the petition is hereby GRANTED. Let the records of the case be remanded to the office of origin, the Regional Office IV of the Department of Labor and Employment, for determination of the status of petitioner’s legal personality. If petitioner is still a legitimate labor organization, then said office shall conduct a certification election subject to the usual pre-election conference.



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