RAQUEL CANDELARIA JD2B /+63917-717-5119

CASE #11
SATURNO A. VICTORIA vs. HON. AMADO INCIONG and FAR EAST BROADCASTING
CO., No. L-49046, January 26, 1988

ISSUE: (1) Whether there is a necessity for Far East Broadcasting to obtain a clearance from
the Secretary of Labor for the termination of the petitioner’s employment, or is a mere
report of such termination sufficient.

(2) Whether or not the Court of First Instance (CFI) has jurisdiction to entertain the
petition of non-profit organization for certification as the exclusive bargaining
representatives of said employees and laborers.

SC RULING: (1) No, there was no necessity to obtain clearance, mere report is sufficient.

(2) No, the CFI has no jurisdiction over the subject matter.

RATIO: (1) What was required in this case was only a report as provided under Section 11 (f) of Rule XVI
of the Rules and Regulations implementing Labor Code which provides that, every employer shall
submit a report to the Regional Office in accordance with the form presented by the Department
following instances of termination of employment, suspension, lay-off or shutdown which may be
effected by the employer without prior clearance within five (5) days thereafter.

(2) “Petitioner should have known and it was his duty to impart this imputed
knowledge to the members of the union that employees and laborers in non- profit
organizations are not covered by the provisions of the Industrial Peace Act and the Court
of Industrial Relations and in the case at bar, the Court of First Instance has no
jurisdiction to entertain petitions of labor unions or organizations of said non-profit
organizations for certification as the exclusive bargaining representatives of said
employees and laborers.”

INSTRUCTION LEARNED: The employees cannot invoke the protection of the law for the
consequences of their conduct unless the right they wished vindicated is one which the
law, by all means, protect and enforce.

All money claims and benefits arising from employer employee relationship
should be filed within the proper agency of the Department of Labor and Employment.

-------------------------------------------oOo-----------------------------------------