You are on page 1of 2


L-21484, November 29, 1969) ACCFA – ACA ASA AWA CUGCO of ASA and AWA CIR Facts: This is a petition on Certiorari with urgent motion to stay the execution of CIR orders which granted the 2 petitions of CUGCO in cases filed against ACCFA as further affirmed by CIR en banc. On September 4, 1961, ACCFA entered into a Collective Bargaining Agreement with the Unions (composed of labor unions ASA and AWA). The agreement was supposed to be effective for a period of 1 year to start on July 1, 1962. A few months thereafter, the Unions held strike against ACCFA for violation and failure to implement the agreement contained in the CBA. On October 30, 1962, CUGCO filed a complaint of unfair labor practices against ACCFA at CIR which they win. ACCFA filed a motion for reconsideration but was still turned down in a decision by the CIR en banc. The passage of RA 3844 effectively turned ACCFA to ACA. On March 17, 1964, CUGCO filed at CIR a petition that the Union be authorized to be the exclusive bargaining agents for the employees of ACA. Pending the decision on the said petition, EO 75 was passed which placed ACA under the Land Reform Project Administration. The CIR as affirmed en banc, notwithstanding the new position of ACA under EO 75, granted the petition of CUGCO. Thus, this petition to the Supreme Court by ACA. Issues: 1. Whether or not ACA is functioning on a constituent or ministrant functions. 2. Whether or not the CBA is valid and is there a legal basis for charging unfair labor practices against ACA. Held: 1. EO 75 and the passage of RA 3844 is the most certainly made ACA one of a government office in charge of the implementation of the land reform program of the state. Government offices primarily have constituent functions rather of a mere ministrant. 2. Since ACA is a government office, it can no longer step down to deal privately with Union. The Union have no bargaining rights with ACA. The grant of exclusive bargaining agents can never be valid. Agricultural Credit and Cooperative Financing Administration Agricultural Credit Administration, formerly ACCFA ACCFA Supervisors’ Association, labor union ACCFA Workers’ Association, labor union Confederation of Unions in Government Corporations and Offices, mother union Court of Industrial Relations

ACA can never be charge of unfair labor practices particularly insofar as the order to bargain collectively with Union is concerned. Likewise, the strike held by the Union is contrary to Section 11 of RA 875, Prohibition Against Strike in the Government.