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  • Gaudioso Iso, Jr. and Joel Tolentino vs. Salcon Power Corporation

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    Gaudioso Iso, Jr. and Joel Tolentino Vs. Salcon Power Corporation

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    76 views17 pages

    Gaudioso Iso, Jr. and Joel Tolentino vs. Salcon Power Corporation

    Uploaded by

    John Basil Manuel

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 17
    @ ‘Republic ofthe Philipines Supreme Court ‘Manila ‘SECOND DIVISION GAUDIOSO ISO, JR. and JOEL G.R. No. 219059 TOLENTINO, Petitioners, Present PERLAS-BERNABE, S.4.J, Chairperson, = versus - LEONEN,” REYES, A..JR., INTING, and GAERLAN," J SALCON POWER CORPORATION (aow SPC POWER CORPORATION) and Promulgated: DENNIS VILLAREAL, Respondents 12 FEB DECISION INTING, J Before the Court isa Petition for Review on Certiorari under Rule 45! of the Rules of Court seeking to set aside the Decision’ dated October 9, 2013 and the Resolution’ dated May 13, 2015 ofthe Court of Appeals (CA) in CA-GR. CEB-SP Nos, 02781 and 06429. 1d a 3-40 pena by Assi use Kuen Pal. He SEES mime ne in ine oo 3 member of Can Decision GR.No.219059 The Antecedents As briefly summarized by the CA, the antecedents of the two consolidated cases are as follows: In CA-G.R, CEB-SP No. 02781, Guus 150, I, fopther ‘ith his flow petones challenge the Oetober 11, 2006 Decision ‘ofthe National Labor Relation Comision (NERC), Cebu Cay, NERC Case No, V-100562.2006, RAB Case No. VIL-O1-0132-2006 tnd is March 6. 2007 Resolution denying shit Motion ir Reconsideration. However, on June 10,2008. Wiliam 3 Yap, Alan A Balugo. Glenn E. Comendador, Mario S, Amaya, SoseBinn Cushar, Wilson M. Pogoy. Fel C. Cabigon, Zesimo A. Ahan, Etroilo N. Garcia, Oscar G. Cet, Eduardo T-Roble and Marian Y. Blanco, Ie. enersd into a Compromise Agreement, with [respondent] SPC™ Power Coepeaton “ocmerly” Saco Power Corporation). Thereafter on June 11, 2010, the ret of the pions also executed a Compromise Agreement with [respondent] Ths on ‘Apcil 25. 2012, this Cour rendered a. Decision appoving, sid Compromise Agreements and dismissing the isan Petition On May 30,2012 petitioner Iso filed his Motion fr Reconsideration arguing that the dismiss ofthe case should ot afet him as he ws Dot ermory to any OF die Compromise Agreements In response. the [respondent stressed, nits Comment did Aust 28,2012, th the Compromise. Agreements do not concern the validly. dismissed tone shi monetary claims ae disly connected or inert nad ‘ith his continued employment with she compaay. On July 24 2013, Petitioner Iso fled his Reply asering tht sine his case fo legal sms [e., CA-GR. CEB-SP No, 16429] stil pening with ik Cour, itis premature to render his claims moe as thee is pesibiliy that his dismissal would he desler la, thus etn fim othe Rene be lain ‘Nill Yas Roil Alex Ale A aig Flr M, Villy, Rabe. Tl ‘eal. Gons ane 0, Sane Samel Arg, Mara Cin Late Ray Nn ‘Gas, Mao Wend Ae Basu Svein Conan etn (Cache ee ea, Levies Bn es Ears, Maan Paro iO Wes M gn. Gi T. Align Tang ce Doar Rapes Rye eee rt, Eaao A Bes Cae. Amar Msi to, Pan Cicay Eds Me eras Zinn XA Romine. Viner, Ip Care Ew De Game ee Sore Fa ca Om ab Eley ts Ow Gao me Ca oa Reo See ‘ablno Cama, Fret Crna Nese Q ges he Seer Beate, dando A Rept Uta Abe, Marae Blrcn i en Vie snd ula Decision 3 GR.No 219059 |i CA-G.R, CEBSP No, 06429, petioner Gaulioso Is, ‘and Joe! Tolentng allege that they are the union officers of Saloon Power Independent Union SPIU}. They asst tat ine [respondent] ‘efised to eeognze thei ion, they led a ptition for ceteaton clevtion, On March 2007, a certfiation lection was, conducted ‘wherein SPIU won a the employees olletve bargaining gen On September 2007, the SPU shmited a Collective Bargaining ‘Agreement (CBA) proposal to [respondent]. However, [respon] ‘else fo submit counerpoposl I also rfid to targain with SPIU pending its appeal withthe Buea of Lakor Relations (BL) onceming the cancellation of SPIU"r union registation. On March 24,2008 the BLR dismissed respondents} appeal. Theraer,SPIU fled sotie of stke on the ground of (respondent's) refs to bacain.On March 2, 2008 espondent gave in and agreed lo bargain

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