The Heritage Hotel Manila vs.

National Union of Workers,

GR 178296 January 12, 2011

Facts:

Herein respondent union filed with the Department of Labor and Employment a petition for
certification election to which the Med-Arbiter granted but opposed and contested by herein petitioner
The Heritage Hotel Manila. Petitioner seeks to have the petition dismissed, among others, due to failure
to submit financial reports to the Bureau of Labor Relations and a list of members. The certification
election nonetheless pushed through and respondent won. Petitioner now seeks to have the certification
cancelled however the protest was dismissed on the ground that requirements of registration of labor
organizations are designed to protect the workers against potential abuse from labor unions but the same
should not be used against their right to self-organization.

Issue:

Whether or not the certification of registration should be cancelled in consideration of the failure
to submit the necessary documents such as the financial reports and list of members as required
by law.

Ruling:

No, the Court held to cancel the registration is tantamount to deprivation of the worker’s
constitutional rights and rights accorded by the Labor Code. The law requires the labor organization to
submit such documents to verify if it is still viable and financially sustainable as an organization to enable
it to perform its duties as such and belated submission of the same satisfies the requirement of the law.
Moreover, the law has been amended to include grounds for which registration may be cancelled and the
circumstance at bar merely warrants suspension, expulsion of membership, or other appropriate penalty as
prescribed by law be bestowed upon the officers of the union for non-compliance of the requirements of
law.