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    046 - Bugay v. Kapisanan

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    Patrick Manalo
    The case involved Paulino Bugay, an auditor and member of the Kapisanan ng mga Manggagawa sa Manila Railroad Company union who was expelled from the union. Bugay delivered documents belonging to the union to company management without consulting union officers. He was then charged with disloyalty and conduct unbecoming a union member, and expelled without being given the opportunity to defend himself and without the expulsion being approved by the union's chapters as required. Bugay filed an unfair labor practice charge. The Court of Industrial Relations and Supreme Court affirmed that the expulsion was illegal due to procedural defects. The court awarded moral damages to Bugay, finding that his expulsion subjected him to humiliation, mental anguish,

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    046 - Bugay v. Kapisanan

    Uploaded by

    Patrick Manalo
    32 views2 pages
    The case involved Paulino Bugay, an auditor and member of the Kapisanan ng mga Manggagawa sa Manila Railroad Company union who was expelled from the union. Bugay delivered documents belonging to the union to company management without consulting union officers. He was then charged with disloyalty and conduct unbecoming a union member, and expelled without being given the opportunity to defend himself and without the expulsion being approved by the union's chapters as required. Bugay filed an unfair labor practice charge. The Court of Industrial Relations and Supreme Court affirmed that the expulsion was illegal due to procedural defects. The court awarded moral damages to Bugay, finding that his expulsion subjected him to humiliation, mental anguish,

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    The case involved Paulino Bugay, an auditor and member of the Kapisanan ng mga Manggagawa sa Manila Railroad Company union who was expelled from the union. Bugay delivered documents belonging to the union to company management without consulting union officers. He was then charged with disloyalty and conduct unbecoming a union member, and expelled without being given the opportunity to defend himself and without the expulsion being approved by the union's chapters as required. Bugay filed an unfair labor practice charge. The Court of Industrial Relations and Supreme Court affirmed that the expulsion was illegal due to procedural defects. The court awarded moral damages to Bugay, finding that his expulsion subjected him to humiliation, mental anguish,

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    32 views2 pages

    046 - Bugay v. Kapisanan

    Uploaded by

    Patrick Manalo
    The case involved Paulino Bugay, an auditor and member of the Kapisanan ng mga Manggagawa sa Manila Railroad Company union who was expelled from the union. Bugay delivered documents belonging to the union to company management without consulting union officers. He was then charged with disloyalty and conduct unbecoming a union member, and expelled without being given the opportunity to defend himself and without the expulsion being approved by the union's chapters as required. Bugay filed an unfair labor practice charge. The Court of Industrial Relations and Supreme Court affirmed that the expulsion was illegal due to procedural defects. The court awarded moral damages to Bugay, finding that his expulsion subjected him to humiliation, mental anguish,

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Union-Member Relations (Rights and Conditions of Membership: Admission and Discipline of

    Members) - #46

    BUGAY V. KAPISANAN NG MGA MANGGAGAWA SA MANILA RAILROAD COMPANY (1962)


    Ponente: Bautista

    Facts:
     Bugay was an auditor of the Union. He was also the payroll clerk of the Manila Railroad Company.
     He was requested by the secretary-treasurer of the company to deliver certain documents which
    were in his possession belonging to the union. He did so without consulting the officers of the
    Union.
     Making use of these documents, the management of the company filed a charge for falsification of
    commercial document against the president of the Union.
     Subsequently, charges for disloyalty and conduct unbecoming a union member were imputed
    against Bugay, for which he was thereafter expelled from the Union.
     Bugay filed a charge for unfair labor practice against the Union before the Court of Industrial
    Relations.
     CIR: The expulsion was illegal. The same has not been approved by the majority of the chapters of
    the union as required by its constitution and by-laws.
     SC: Affirmed.
     Contention: Because the decisions of both the Court of Industrial Relations and the Supreme Court
    do not contain any intimation nor statement to the effect that the charges filed against Paulino
    Bugay which resulted in his separation from the union were "trumped up" or fabricated but were
    solely based on procedural defects in the matter of his expulsion, i.e. "the regularity and validity of
    the proceedings and the means adopted by the union and its officers in effecting (his) expulsion,"
    Bugay cannot ask moral damages.

    Issue: WON moral damages should be awarded

    Held/Ratio:
    YES.
     Bugay was not given the opportunity to defend himself.
     His expulsion was not submitted to the different chapters of the union as required by its
    constitution and by-laws.
     Because of his expulsion, he was subjected to humiliation and mental anguish with the consequent
    loss of his good name and reputation.
     He has suffered moral damages because of the mental anguish, anxiety, social humiliation and
    besmirched reputation he has been subjected among the thousands of employees of the Manila
    Railroad Company, considering that the members of the Union amounted to around 20,000.
    Digested by: ROE (A2015)

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