 Eagle Ridge Golf & Country Club v.
CA (2010) o they never disputed affixing their signatures beside
- Issue:W/N the retraction of the 6 union members
detrimentally affected the registration of the Union
NO
 The fact that six union members, expressed the desire to
withdraw their membership through their affidavits of
retraction will not cause the cancellation of registration on
the ground of violation of Art. 234(c) of the Labor Code
requiring the mandatory minimum 20% membership of
rank-and-file employees in the employees’ union..
o Twenty percent (20%) of 112 rank-and-file
employees in Eagle Ridge would require a union
membership of at least 22 employees.
6. Forced Intervention / Motion for Intervention
o When the EREU filed its application for
registration on December 19, 2005, there were
clearly 30 union members.
o Thus, when the certificate of registration was
granted, there is no dispute that the Union
complied with the mandatory 20% membership
requirement.
 it cannot be argued that the six affidavits of retraction
retroact to the time of the application of registration or
even way back to the organizational meeting.
o Prior to their withdrawal, the six employees in
question were bona fide union members.
their handwritten names during the organizational
meetings.
o While they alleged that they did not know what
they were signing, it bears stressing that their
affidavits of retraction were not re-affirmed during
the hearings of the instant case rendering them of
little, if any, evidentiary value.
 With the withdrawal of six union members, there is
still compliance with the mandatory membership
requirement under Art. 234(c), for the remaining 24
union members constitute more than the 20%
membership requirement of 22 employees.
 Phil. Assn. of Free Labor Union v. Calleja (1989)
- ISSUE: W/N KAMAPI should be allowed to
participate in a certification election thru a motion for
intervention without a prior showing that it has the
required support expressed in the written consent of at
least twenty (20%) percent of all employees in the
collective bargaining unit.
 Section 6, Rule V of the Rules Implementing Executive
Order No. 111, which reads: "SEC. 6. PROCEDURE.
Upon receipt of a petition, the Regional Director shall
assign the case to a Med-Arbiter for appropriate action.
The Med-Arbiter shall have twenty (20) working days
within which to grant or dismiss the petition. In a petition
filed by a legitimate organization involving an
unorganized establishment, the Med-Arbiter shall grant the
petition upon verification that the same is supported by the
 written consent of at least twenty (20%) of all the consent, it becomes mandatory on the part of the Med-
employees in the collective bargaining unit, the twenty Arbiter to order the holding of a certification election in an
(20%) support shall be satisfied upon the filing of the unorganized establishment
petition for certification election, otherwise, the petition  The 20% requirement, is peculiar to petitions for
shall be dismissed. In either case, he shall cite the certification election.
ground."c
 Section 7 of E.O. 111 to which the former relates, and  As long as the motion for intervention has been
which provides: SEC. 7. Articles 257 and 258 of the properly and timely filed and the intervention would
Labor Code of the Philippines are hereby amended to read not cause any injustice to anyone, it should not be
as follows: Art. 258. Petitions in unorganized denied and this is so even if the eventual purpose of the
establishments. — In any establishment where there is no motion for intervention is to participate in the
certified bargaining agent, the petition for certification certification election. After all the original applicant
election filed by a legitimate labor organization shall be had already met the 20% requirement.
supported by the written consent of at least twenty
(20%) percent of all the employees in the bargaining
unit. Upon receipt of such petition, the Med-Arbiter shall
automatically order the conduct of a certification
election.’"
 from the said provisionsthe requisite written consent of at
least 20% of the workers in the bargaining unit applies to
petitioners for certification election only, and not to
motions for intervention.
 Nowhere in the aforesaid legal provisions does it appear
that a motion for intervention in a certification election
must be accompanied by a similar written consent. Not
even in the Implementing Rules of the Labor Code.
 the reason behind the 20% requirement is to ensure that
the petitioning union has a substantial interest in the
representation proceedings and that a considerable number
of workers desire their representation by the said
petitioning union for collective bargaining purposes.
 the mere fact that 20% of the workers in the bargaining
unit signify their support to the petition by their written