Cruzvale vs. Laguesma
Cruzvale vs. Laguesma
Cruzvale vs. Laguesma
Laguesman
Where to file. A petition for certification election shall be filed with Facts:
the Regional Office which has jurisdiction over the principal office of
the Employer. The petition shall be in writing and under oath… On July 23, 1991, private respondent, a labor union, filed with the
Department of Labor and Employment (DOLE), Regional Office No. IV, a
The word "jurisdiction" as used in said provision refers to the venue where petition for certification election among the regular rank-and-file workers of
the petition for certification must be filed. The New Rules of Procedure of petitioner.
the National Labor Relations Commission prescribes that all cases in which
labor arbiters have jurisdiction should be filed in the branch office which has On August 27, 1991, petitioner filed its comment to the petition for
territorial jurisdiction over the "workplace of the complainant/petitioner". certification election. One of the three grounds raised (pertaining to the
topic to be discussed) is that the Regional Office No. IV of the DOLE has
Where the employer had appeared twice at the hearing of the petition for no jurisdiction over the petition since petitioner Company's place of business
certification election without questioning the venue, said employer was is located at Cubao, Quezon City, which is outside the jurisdiction of the said
barred from raising the issue in the subsequent proceedings. Regional Office. Consequently, it is the National Capital Region or NCR of
the DOLE which has jurisdiction over said petition.
CRUZVALE, INC., petitioner,
vs. On September 27, 1991, respondent Med-Arbiter rendered a decision in favor
HON. BIENVENIDO E. LAGUESMA, UNDERSECRETARY OF THE of private respondent. Petitioner appealed the said order to the DOLE. The
DEPARTMENT OF LABOR AND EMPLOYMENT, MED-ARBITER latter, thru respondent Undersecretary, upheld the order of respondent Med-
ANGELI M. TUYAY AND UNION OF FILIPINO WORKERS (UFW), Arbiter. Not satisfied with the decision of the DOLE, petitioner filed the
respondents. instant petition.
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G.R. No. 107610 Action of the Court/s:
November 25, 1994
Ponente: QUIASON, J.: SC- With regard to the issue of venue of petition, the Court denied the ground
for denial raised by the petitioner on the premise that cases in which labor
Nature of Case: arbiters have jurisdiction should be filed in the branch office which has
Petition for certiorari under Rule 65 of the Revised Rules of Court territorial jurisdiction over the "workplace of the complainant/petitioner".
Cruzvale vs. Laguesman
Issues:
Whether petitioners correctly interpreted Section 1, Rule V, Book V of the Supreme Court Ruling:
Omnibus Rules Implementing the Labor regarding venue of petition.
WHEREFORE, the petition is DISMISSED and the temporary restraining
Rationale: order is LIFTED.
The word "jurisdiction" as used in said provision refers to the venue where
the petition for certification must be filed. Unlike jurisdiction, which implies
the power of the court to decide a case, venue merely refers to the place where
the action shall be brought. Venue touches more the convenience of the
parties rather than the substance of the case.
Unlike in the Rules governing the procedure before Regional Offices, the
New Rules of Procedure of the National Labor Relations Commission
prescribes that all cases in which labor arbiters have jurisdiction should be
filed in the branch office which has territorial jurisdiction over the "workplace
of the complainant/petitioner". In the instant case, it should be in Regional
Office No. IV since the workplace is located in Cainta, Rizal.