G.R. No. 101766 March 5, 1993 DANIEL S.L. BORBON II and REYNALDO D. NICODEMUS, Petitioners, vs. HON.

BIENVENIDO B. LAGUESMA, in his capacity as Undersecretary of Labor and Employment, RAYMUNDO E. HIPOLITO, JR. and PABLO DEE, Respondents. Facts: On December 5, 1990, representatives from the various groups of the bargaining unit of monthly-salaried employees of San Miguel Corporation entered into a voluntary agreement stipulating that: the election of officers shall be conducted on December 14, 1990. However, the alleged contractual employees numbering to 126 can vote but their ballots shall be segregated until petitioner Borbon can prove their qualification as members of the union. On December 10, 1990, petitioner Borbon submitted a list of applications for union membership including the alleged 126 contractual employees. On December 12, 1990, the contending parties agreed that these contractual employees shall be allowed to vote at the Magnolia Plant, Aurora Boulevard, Quezon City On December 14, 1990, as the 12 contractual employees were preparing to vote, they were informed by Attorneys Raymundo Hipolito III and Jose F. Loy that they cannot vote as non-members of the union. When Pet Borbon intervened DOLE officials allowed the employees to vote, but only 70 were able to do so and their votes were segregated, while the remaining 57 employees were not able to return to the Magnolia Plant polling place due to lack of transportation fares and work related issues. The election results obtained from various plants for president and auditor were as follows: For President :Daniel S.L. Borbon II 706 , Raymundo Hipolito 789 For Auditor:Pablo Dee 568, Reynaldo Nicodemus 532 On December 18, 1990, petitioners protested that many members were not able to vote coz they were not in the voters list, that the contractual employees were not allowed to vote at the agreed Magnolia Plant in QC and that the ballots of the contractual employees were segregated but not counted Respondents Hipolito and Dee averred that the list was only submitted on Dec 18, 1990 not before the elections. On Dec 28,1991 the med-arbiter ordered that 57 contractual employees be allowed to vote and the ballots shall be added to the 70 segregated ballots. Dissatisfied, petitioner Borbon filed a partial MR while respondent Hipolito filed an MR on the Dec 28 decision of the Med Arbiter to the public respondent. Thereafter the public respondent denied the partial appeal and granted the appeal of respondent Hipolito Issue: WON the contractual employees can be considered members of the union Held: No, Even assuming in gratia argumenti that at the time of the election they were regular employees of San Miguel, nonetheless, these workers are no longer connected with San Miguel Corporation in any manner because Magnolia has ceased to be a division of San Miguel Corporation and has been formed into a separate corporation with a personality of its own.

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WHEREFORE, the petition is dismissed for lack of merit and the decision of respondent Undersecretary of Labor and Employment Bienvenido B. Laguesma is AFFIRMED in toto.chanroblesvirtualawlibrarychanrobles virtual law library SO ORDERED

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