NATU vs. Torres - Statcon (Doctrine of Necessary Implication)

9/24/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 239
546 SUPREME COURT REPORTS ANNOTATED

National Association of Trade Unions-Republic Planters Bank
Supervisors Chapter vs. Torres
G.R. No. 93468. December 29, 1994.
NATIONAL ASSOCIATION OF TRADE UNIONS (NATU)-

REPUBLIC PLANTERS BANK SUPERVISORS CHAPTER,
petitioner, vs. HON. RUBEN D. TORRES, SECRETARY OF
LABOR AND EMPLOYMENT and REPUBLIC PLANTERS
BANK, respondents.
Labor Law; Certification Election; An employer has no standing to

question the process since this is the sole concern of the workers.—
Respondent Bank has no legal personality to move for the dismissal of the
petition for certification election on the ground that its supervisory
employees are in reality managerial employees. An employer has no
standing to question the process since this is the sole concern of the
workers. The only exception is where the employer itself has to file the
petition pursuant to Art. 258 of the Labor Code because of a request to
bargain collectively.
Same; Employees; Definition of Managerial Employee and Supervisory
Employee.—A managerial employee is (a) one who is vested with powers or
prerogatives to lay down and execute management policies, or to hire,
transfer, suspend, lay off, recall, discharge, assign or discipline employees;
or (b) one who is vested with both powers or prerogatives. A supervisory
employee is different from a managerial employee in the sense that the
supervisory employee, in the interest of the employer, effectively
recommends such managerial actions, if the exercise of such managerial
authority is not routinary in nature but requires the use of independent
judgment.
Same; Same; Same; Branch Managers, Cashiers and Controllers of
respondent Bank are not managerial employees but supervisory employees.
—Ranged against these definitions and after a thorough examination of the
evidence submitted by both parties, we arrive at a contrary conclusion.
Branch Managers, Cashiers and Controllers of respondent Bank are not
managerial employees but supervisory employees. The finding of public
respondent that bank policies are laid down and/or executed through the
collective action of these employees is simply erroneous. His discussion on
the division of their duties and responsibilities does not logically lead to the
central.com.ph/sfsreader/session/00000174be1d04ebc985203b003600fb002c009e/t/?o=False 1/16
conclusion that they are managerial employees, as the term is defined in Art.
212, par.(m).
______________
* FIRST DIVISION.
547
VOL. 239, DECEMBER 29, 1994 547
National Association of Trade Unions-Republic Planters Bank Supervisors

Chapter vs. Torres
Same; Same; Same; It is the nature of the employee’s functions, and not
the nomenclature or title given to his job, which determines whether he has
rank-and-file, supervisory or managerial status.—The job description of a
Cashier does not mention any authority on his part to lay down policies,
either. On the basis of the foregoing evidence, it is clear that subject
employees do not participate in policy-making but are given approved and
established policies to execute and standard practices to observe, leaving
little or no discretion at all whether to implement said policies or not. It is
the nature of the employee’s functions, and not the nomenclature or title
given to his job, which determines whether he has rank-and-file, supervisory
or managerial status.
PADILLA, J., Concurring and Dissenting Opinion
Labor Law; Certification Election; Respondent Bank’s Branch

Managers/OICs, Cashiers and Controllers, being confidential employees of
the Bank are disqualified from joining or assisting petitioner labor union or
joining, assisting or forming any other labor organization, including a
supervisors’ union .—I concur in the majority opinion’s conclusion that
respondent Bank’s Branch Managers/OICs, Cashiers and Controllers, being
confidential employees of the Bank, are disqualified from joining or
assisting petitioner labor union or joining, assisting or forming any other
labor organization, including a supervisors’ union.
Same; Same; Public respondent is correct in disqualifying from
membership in a labor union of supervisors, those who are Department
Managers and Assistant Managers.—It would be incongruous for a
Department Manager who, as already stated, is usually a Vice-President, to
be a member of the same labor organization as his messenger or supervisory
account executives. It would be even more untenable and dangerous for a
Department Manager who usually is a Vice-President, being a member of a
labor union, to be designated a union representative for purposes of
collective bargaining with the management of which he is a part. I think the
public respondent is correct in disqualifying from membership in a labor
union of supervisors, those who are Department Managers and Assistant

Managers.
PETITION to nullify a decision of the Secretary of Labor and

Employment.
The facts are stated in the opinion of the Court.

Filemon G. Tercero for petitioner.
548

The Government Corporate Counsel for Republic Planters Bank.
BELLOSILLO, J.:
NATIONAL ASSOCIATION OF TRADE UNIONS (NATU)-

REPUBLIC PLANTERS BANK SUPERVISORS CHAPTER seeks
nullification of the decision of public respondent Secretary of Labor
dated 23 March 1990, which modified the order of Med-Arbiter
Manases T. Cruz dated 17 August 1989 as well as his order dated 20
April 1990 denying reconsideration.
On 17 March 1989, NATU filed a petition for certification
election to determine the exclusive bargaining representative of
respondent Bank’s employees occupying supervisory positions. On
24 April 1989, the Bank moved to dismiss the petition on the ground
that the supposed supervisory employees were actually managerial
and/or confidential employees thus ineligible to join, assist or form a
union, and that the petition lacked the 20% signatory requirement
under the Labor Code.
On 17 August 1989, Med-Arbiter Manases T. Cruz granted the
petition thus—
WHEREFORE, x x x x let a certification election be ordered conducted

among all the regular employees of the Republic Planters Bank occupying
supervisory positions or the equivalent within 20 days from receipt of a
copy of this Order. The choice shall be: (1) National Association of Trade
Unions (NATU)-Republic Planters Bank Supervisors Chapter; and (2) No
Union.
The payroll three months prior to the filing of this 1
petition shall be
utilized in determining the list of eligible voters x x x x
Respondent Bank appealed the order to the Secretary of Labor on

the main ground that several of the employees sought to be included
in the certification election, particularly the Department Managers,
Branch Managers/OICs, Cashiers and Controllers were managerial
and/or confidential employees and thus ineligible to join, assist or

form a union. It presented annexes detailing the
_____________
1 Rollo, p. 33.
549
VOL. 239, DECEMBER 29, 1994 549

job description and duties of the positions in question and affidavits

of certain employees. It also invoked provisions of the General
Banking Act and the Central Bank Act to show the duties and
responsibilities of the bank and its branches.
On 23 March 1990, public respondent issued a decision partially
granting the appeal, which is now being challenged before us—
WHEREFORE, x x x the appeal is hereby partially granted. Accordingly,

the Order dated 17 August 1989 is modified to the extent that Department
Managers, Assistant Managers, Branch Managers, Cashiers and Controllers
are declared managerial employees. Perforce, they cannot join the union of
supervisors such as Division Chiefs, Accounts Officers, Staff Assistants
2
and
OIC’s (sic) unless the latter are regular managerial employees x x x x
NATU filed a motion3

for reconsideration but the same was denied
on 20 April 1990. Hence this recourse assailing public respondent
for rendering the decision of 23 March 1990 and the order of 20
April 1990 both with grave abuse of discretion.
The crucial issue presented for our resolution is whether the
Department Managers, Assistant Managers, Branch Managers/
OICs, Cashiers and Controllers of respondent Bank are managerial
and/or confidential employees hence ineligible to join or assist the
union of petitioner.
NATU submits that an analysis of the decision of public
respondent readily yields certain flaws that result in erroneous
conclusions. Firstly, a branch does not enjoy relative autonomy
precisely because it is treated as one unit with the head office and
has to comply with uniform policies and guidelines set by the bank
itself. It would be absurd if each branch of a particular bank would
be adopting and implementing different policies covering
multifarious banking transactions. Moreover, respondent Bank’s
own evidence clearly shows that policies and guidelines covering
the various branches are set by the head office. Secondly, there is
absolutely no evidence showing that bank policies are laid down
through the collective action of the Branch Manager, the Cashier
____________
2 Id., p. 28.
3 Id., pp. 18-19.
550

and the Controller. Thirdly, the organizational setup where the

Branch Manager exercises control over branch operations, the
Controller controls the Accounting Division, and the Cashier
controls the Cash Division, is nothing but a proper delineation of
duties and responsibilities. This delineation is a Central Bank
prescribed internal control measure intended to objectively establish
responsibilities among the officers to easily pinpoint culpability in
case of error. The “dual control” and “joint custody” aspects
mentioned in the decision of public respondent are likewise internal
control measures prescribed by the Central Bank.
Neither is there evidence showing that subject employees are
vested with powers or prerogatives to hire, transfer, suspend, lay off,
recall, discharge, assign or discipline employees. The bare
allegations in the affidavits
4
of respondent Bank’s Executive
Assistant to the President and the Senior
5
Manager of the Human
Resource Management Department that those powers and
prerogatives are inherent in subject positions are self-serving. Their
claim cannot be made to prevail upon the actual duties and
responsibilities of subject employees.
The other evidence of respondent Bank which purports to show
that subject employees exercise managerial functions even belies
such claim. Insofar as Department Managers and Assistant
Managers are concerned, there is absolutely no reason mentioned in
the decision why they are managerial employees. Not even
respondent Bank in its appeal questioned the inclusion of Assistant
Managers among the qualified petitioning employees. Public
respondent has deviated from the real issue in this case, which is, the
determination of whether subject employees are managerial
employees within the contemplation of the Labor Code, as amended
by RA 6715; instead, he merely concentrated on the nature, conduct
and management of banks conformably with the General Banking
Act and the Central Bank Act.
Petitioner concludes that subject employees are not managerial
employees but supervisors. Even assuming that they are
_____________
4 Id., pp. 103-106.

5 Id., pp. 112-113.
551
551 VOL. 239, DECEMBER 29, 1994

confidential employees, there is no legal prohibition against

confidential employees who are not performing managerial
functions to form and join a union.
On the other hand, respondent Bank maintains that the
Department Managers, Branch Managers, Cashiers and Controllers
are inherently possessed of the powers enumerated in Art. 212, par.
(m), of the Labor Code. It relies heavily on the affidavits of its
Executive Assistant to the President and Senior Manager of the
Human Resource Department. The Branch Managers, Cashiers and
Controllers are vested not only with policy-making powers
necessary to run the affairs of the branch, given the independence
and relative autonomy which it enjoys in the pursuit of its goals and
objectives, but also with the concomitant disciplinary authority over
the employees.
The Solicitor General argues that NATU loses sight of the fact
that by virtue of the appeal of respondent Bank, the whole case is
thrown open for consideration by public respondent. Even errors not
assigned in the appeal, such as the exclusion by the Med-Arbiter of
Assistant Managers from the managerial employees category, is
within his discretion to consider as it is closely related to the errors
properly assigned. The fact that Department Managers are
managerial employees is borne out by the evidence of petitioner
itself. Furthermore, while it assails public respondent’s finding that
subject employees are managerial employees, petitioner never
questioned the fact that said officers also occupy confidential
positions and thus remain prohibited from forming or joining any
labor organization.
Respondent Bank has no legal personality to move for the
dismissal of the petition for certification election on the ground that
its supervisory employees are in reality managerial employees. An
employer has no standing to question the process since this is the
sole concern of the workers. The only exception is where the
employer itself has to file the petition pursuant to Art.6 258 of the
Labor Code because of a request to bargain collectively.
Public respondent, invoking RA 6715 and the inherent functions
of Department Managers, Assistant Managers, Branch Managers,
____________
6 Philippine Telegraph and Telephone Corporation v. Laguesma, G.R. No. 101730,

17 June 1993, 223 SCRA 452.
552

Cashiers and Controllers, held that these officers properly fall within
the definition of managerial
7
employees. The ratiocination in his
Decision of 23 March 1990 is that—
Republic Act No. 6715, otherwise known as the Herrera-Veloso Law,

restored the right of supervisors to form their own unions while maintaining
the proscription on the right to self-organization of managerial employees.
Accordingly, the Labor Code, as amended, distinguishes managerial,
supervisory and rank-and-file employees thus:
Art. 212 (m)—Managerial employee is one who is vested with powers or

prerogatives to lay down and execute management policies and/or to hire, transfer,
suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory
employees are those who, in the interest of the employer, effectively recommend
such managerial actions, if the exercise of such managerial authority is not routinary
in nature but requires the use of independent judgment. All employees not falling
within any of the above definitions are considered rank-and-file employees (italics
supplied).
At first glance, pursuant to the above-definitions and based on their job

descriptions as guideposts, there would seem to be no difficulty in
distinguishing a managerial employee from that of a supervisor, or from that
of a mere rank-and-file employee. Yet, this task takes on a different
dimension when applied to banks, particularly the branches thereof. This is
so because unlike ordinary corporations, a bank’s organizational operation is
governed and regulated by the General Banking Act and the Central Bank
Act, both special laws x x x x
As pointed out by the respondent, in the banking industry, a branch is the
microcosm of a banking institution, uniquely autonomous and self-
governing.
This relative autonomy of a branch finds legal basis in Section 27 of the
General Banking Act, as amended, thus:
x x x x The bank shall be responsible for all business conducted in such branches to
the same extent and in the same manner as though such business had all been
conducted in the head office.
For the purpose of this Act, a bank and its branches shall be treated as a unit
(italics supplied).
____________
7 Decision of public respondent Secretary of Labor promulgated 23 March 1990,

Annex “B,” Petition; Rollo, pp. 24-26.
553
VOL. 239, DECEMBER 29, 1994 553

Conformably with the above, bank policies are laid down and/or executed
through the collective action of the Branch Manager, Cashier and Controller
at the branch level. The Branch Manager exercises overall control and
supervision over branch operation being on the top of the branch’s pyramid
structure. However, both the controller and the cashier who are called in
banking parlance as ‘Financial Managers’ due to their fiscal functions are
given such a share and sphere of responsibility in the operations of the bank.
The cashier controls and supervises the cash division while the controller
that of the Accounting Division. Likewise, their assigned task is of great
significance, without which a bank or branch for that matter cannot operate
or function.
Through the collective action of these three branch officers operational
transactions are carried out like: The two (2)-signature requirement of the
manager, on one hand, and that of the controller or cashier on the other hand
as required in bank’s issuances and releases. This is the so-called ‘dual
control’ through check-and-balance as prescribed by the Central Bank, per
Section 1166.6, Book I, Manual of Regulations for Banks and Financial
Intermediaries. Another is in the joint custody of the branch’s cash in vault,
accountable forms, collaterals, documents of title, deposit, ledgers and
others, among the branch manager and at least two (2) officers of the branch
as required under Section 1166.6 of the Manual of Regulations for Banks
and Other Financial Intermediaries.
This structural set-up creates a triad of managerial authority among the
branch manager, cashier and controller. Hence, no officer of the bank ‘x x x
have (sic) complete authority and responsibility for handling all phases of
any transaction from beginning to end without some control or balance from
some other part of the organization’ (Section 1166.3, Division of Duties and
Responsibilities, Ibid). This aspect in the banking system which calls for the
division of duties and responsibilities is a clear manifestation of managerial
power and authority. No operational transaction at branch level is carried
out by the singular act of the Branch Manager but rather through the
collective act of the Branch Manager, Cashier/Controller (italics supplied).
Noteworthy is the ‘on call client’ set up in banks. Under this scheme, the
branch manager is tasked with the responsibility of business development
and marketing of the bank’s services which place him on client call. During
such usual physical absences from the branch, the cashier assumes the reins
of branch control and administration. On those occasions, the ‘dual control
system’ is clearly manifest in the transactions and operations of the branch
bank as it will then require the necessary joint action of the controller and
the cashier.
554

The grave abuse of discretion committed by public respondent is at

once apparent. Art. 212, par. (m), of the Labor Code is explicit. A
managerial employee is (a) one who is vested with powers or
prerogatives to lay down and execute management policies, or to
hire, transfer, suspend, lay off, recall, discharge, assign or discipline
employees; or (b) one who is vested with both powers or
prerogatives. A supervisory employee is different from a managerial
employee in the sense that the supervisory employee, in the interest
of the employer, effectively recommends such managerial actions, if
the exercise of such managerial authority is not routinary in nature
but requires the use of independent judgment.
Ranged against these definitions and after a thorough
examination of the evidence submitted by both parties, we arrive at a
contrary conclusion. Branch Managers, Cashiers and Controllers of
respondent Bank are not managerial employees but supervisory
employees. The finding of public respondent that bank policies are
laid down and/or executed through the collective action of these
employees is simply erroneous. His discussion on the division of
their duties and responsibilities does not logically lead to the
conclusion that they are managerial employees, as the term is
defined in Art. 212, par. (m).
Among the general duties and responsibilities of a Branch
Manager is “[t]o discharge his duties and authority with a high sense
of responsibility and integrity and shall at all times be guided by
prudence like a good father of the family, and sound judgment in
accordance with and within the limitations of the policy/policies
promulgated by the Board of Directors and implemented by the
Management until suspended,8
superseded, revoked or modified”
(par. 5, italics supplied). Similarly, the job summary of a Controller
states: “Supervises the Accounting Unit of the branch; sees to the
compliance by the Branch with established procedures, policies,
rules and regulations of the Bank and external supervising
authorities; sees 9to the strict implementation of control procedures
(italics supplied). The job description of a
_____________
8 Records, p. 111.
9 Id., p. 94.
555
VOL. 239, DECEMBER 29, 1994 555

Cashier does not 10

mention any authority on his part to lay down
policies, either. On the basis of the foregoing evidence, it is clear
that subject employees do not participate in policy-making but are
given approved and11 established policies to execute and standard
practices to observe, leaving little
12
or no discretion at all whether to
implement said policies or not. It is the nature of the employee’s
functions, and not the nomenclature or title given to his job, which
determines
13
whether he has rank-and-file, supervisory or managerial
status.
Moreover, the bare statement in the affidavit of the Executive
Assistant to the President of respondent Bank that the Branch
Managers, Cashiers and Controllers “formulate and implement the
plans, policies and marketing strategies of the branch towards 14the
successful accomplishment of its profit targets and objectives,” is
contradicted by the following evidence submitted by respondent
Bank itself:
(a) Memorandum issued by respondent Bank’s Assistant Vice

President to all Regional Managers and Branch Managers
giving them temporary discretionary authority to grant
additional interest over the prescribed board rates for both
short-term and long-term CTDs subject, however, to
specific limitations
15
and guidelines set forth in the same
memorandum;
(b) Memorandum issued by respondent Bank’s Executive Vice
President to all Regional Managers and Branch Officers
regarding the policy and guidelines
16
on drawing against
uncollected deposits (DAUD);
(c) Memorandum issued by respondent Bank’s President to all
Field Offices regarding the guidelines on domestic bills
purchased
______________
10 Id., pp. 91-92.

11 Franklin Baker Company of the Philippines v. Trajano, G.R. No. 75039, 28
January 1988, 157 SCRA 416.
12 Southern Philippines Federation of Labor (SPFL) v. Calleja, G.R. No. 80882,
24 April 1989, 172 SCRA 676.
13 See Batongbacal v. Associated Bank, G.R. No. 72977, 21 Decem-ber 1988, 168
SCRA 600.
14 Records, pp. 249-250.

15 Rollo, pp. 201-203.
16 Id., pp. 204-205.
556

17
(DBP); and
(d) Memorandum issued by the same officer to all Branch
Managers regarding lending authority 18
at the branch level
and the terms and conditions thereof.
As a consequence, the affidavit of the Executive Assistant cannot be

given any weight at all.
Neither do the Branch Managers, Cashiers and Controllers have
the power to hire, transfer, suspend, lay off, recall, discharge, assign
or discipline employees. The Senior Manager of the Human
Resource Management Department of respondent Bank, in her
affidavit, stated that “the power to hire, fire, suspend, transfer, assign
or otherwise impose discipline among subordinates within their
respective jurisdictions is lodged with the heads of the various
departments, the branch managers and officers-in-charge, the branch
cashiers and the branch controllers. Inherent as it is in the
aforementioned positions, the authority to hire, fire, suspend,
transfer, assign or otherwise discipline employees within their
respective domains was deemed unnecessary to be incorporated in
their individual job descriptions; By way of illustration, on August
24, 1989, Mr. Renato A. Tuates, the Officer-in-Charge/Branch
Cashier of the Bank’s Dumaguete Branch, placed under preventive
suspension and thereafter terminated the teller of the same branch x
x x x Likewise, on February 22, 1989, Mr. Francis D. Robite, Sr., the
Officer-in-Charge of International Department, assigned the cable
assistant of the International Department
19
as the concurrent FCDU
Accountable Forms Custodian.”
However, a close scrutiny of the memorandum of Mr. Tuates
reveals that he does not have said managerial power because as
plainly stated
20
therein, it was issued “upon instruction from Head
Office.” With regard to the memorandum of Mr. Robite, Sr., it
appears that the power he exercised was merely in an isolated
instance, taking into account the other evidence submitted by
_____________
17 Id., pp. 206-207.

18 Id., p. 208.
19 Records, pp. 239-240.

20 Id., pp. 233-238.
557
557 VOL. 239, DECEMBER 29, 1994

respondent Bank itself showing lack of said power by other Branch

Managers/OICs:
(a) Memorandum from the Branch Manager for the AVP-Man-

power Management Department expressing the opinion that
a certain employee, due to habitual absenteeism and
tardiness, must be penalized in accordance with respondent
Bank’s Code of Discipline; and
(b) Memorandum from a Branch OIC for the Assistant Vice
President recommending a certain employee’s promotional
adjustment to the present position he occupies.
Clearly, those officials or employees possess only recommendatory

powers subject to evaluation, review and final action by higher
officials. Therefore, the foregoing affidavit cannot bolster the stand
of respondent Bank.
The positions of Department Managers and Assistant Managers
were also declared by public respondent as managerial, without
providing any basis therefor. Petitioner asserts that the position of
Assistant Manager was not even included in the appeal filed by
respondent Bank. While we agree with the Office of the Solicitor
General that it is within the discretion of public respondent to
consider an unassigned issue that is closely related to an issue
properly assigned, still, public respondent’s error lies in the fact that
his finding has no leg to stand on. Anyway, inasmuch as the entire
records are before us, now is the opportunity to discuss this issue.
We analyzed the evidence submitted by respondent Bank in
support of21 its claim that Department Managers are managerial
employees and concluded that they are not. Like Branch Managers,
Cashiers and Controllers, Department Managers do not possess the
power to lay down policies nor to hire, transfer, suspend, lay off,
recall, discharge, assign or discipline employees. They occupy
supervisory positions, charged with the duty among others to 22
“recommend proposals to improve and streamline operations.”
With respect to Assistant Managers, there is
_____________
21 Records, pp. 112-115.
22 Rollo, p. 170.
558

absolutely no evidence submitted to substantiate public respondent’s

finding that they are managerial employees; understandably so,
because this position is not included in the appeal of respondent
Bank.
As regards the other claim of respondent Bank that Branch
Managers/OICs, Cashiers and Controllers are confidential
employees, having control, custody and/or access to confidential
matters, e.g., the branch’s cash position, statements of financial
condition, vault combination, cash codes for telegraphic
23
transfers,
demand drafts and other negotiable instruments, pursuant to24 Sec.
1166.4 of the Central Bank Manual regarding joint custody, this
claim is not even disputed by petitioner. A confidential employee is
one entrusted with confidence on delicate matters, or with the
custody, 25handling, or care and protection of the employer’s
property. While Art. 245 of the Labor Code singles out managerial
employees as ineligible to join, assist or form any labor
organization, under the doctrine of necessary implication,
confidential employees are similarly disqualified. This doctrine
states that what is implied in a statute is as much a part
26
thereof as
that which is expressed, as elucidated in several
27
cases the latest of
which is Chua v. Civil Service Commission where we said:
No statute can be enacted that can provide all the details involved in its
application. There is always an omission that may not meet a particular
situation. What is thought, at the time of enactment, to be an all-embracing
legislation may be inadequate to provide for the unfolding events of the
future. So-called gaps in the law develop as the law is
_____________
23 Records, pp. 120-121.

24 Id., p. 265.
25 See Panday v. NLRC, G.R. No. 67664, 20 May 1992, 209 SCRA 122.
26 In re Dick, 38 Phil. 41 [1918]; City of Manila v. Gomez, No. L-37251, 31 August 1981,
107 SCRA 98; Escribano v. Avila, No. L-30375, 12 September 1978, 85 SCRA 245; Go
Chioco v. Martinez, 45 Phil. 256 [1923]; Gatchalian v. COMELEC, No. L-32560, 22 October
1970, 35 SCRA 435; People v. Uy Jui Pio, 102 Phil. 679 [1957]; People v. Aquino, 83 Phil. 614
[1949].
27 G.R. No. 88979, 7 February 1992, 206 SCRA 65, and cited cases therein.
559
VOL. 239, DECEMBER 29, 1994 559

National Association of Trade Unions-Republic Planters Bank Supervisors
Chapter vs. Torres
enforced. One of the rules of statutory construction used to fill in the gap is
the doctrine of necessary implication x x x x Every statute is understood, by
implication, to contain all such provisions as may be necessary to effectuate
its object and purpose, or to make effective rights, powers, privileges or
jurisdiction which it grants, including all such collateral and subsidiary
consequences as may be fairly and logically inferred from its terms. Ex
necessitate legis x x x x
In applying the doctrine of necessary implication, we took into

consideration the rationale behind the disqualification of managerial
employees28
expressed in Bulletin Publishing Corporation v.
Sanchez, thus: “x x x if these managerial employees would belong
to or be affiliated with a Union, the latter might not be assured of
their loyalty to the Union in view of evident conflict of interests.
The Union can also become company-dominated with the presence
of managerial employees in Union membership.” Stated differently,
in the collective bargaining process, managerial employees are
supposed to be on the side of the employer, to act as its
representatives, and to see to it that its interests are well protected.
The employer is not assured of such protection if these employees
themselves are union members. 29
Collective bargaining in such a
situation can become one-sided. It is the same reason that impelled
this Court to consider the position of confidential employees as
included in the disqualification found in Art. 245 as if the
disqualification of confidential employees were written in the
provision. If confidential employees could unionize in order to
bargain for advantages for themselves, then they could be governed
by their own motives rather than the interest of the employers.
Moreover, unionization of confidential employees for the purpose of
collective bargaining would mean the extension of the law to
persons or individuals
30
who are supposed to act “in the interest of”
the employers. It is not farfetched that in the course of collective
bargaining, they might jeopardize that interest which they are duty-
bound to protect. Along the same line of
____________
28 G.R. No. 74425, 7 October 1986, 144 SCRA 628, 635.

29 Alcantara, Samson S., Philippine Labor and Social Legislation Annotated, 1991
Ed., p. 455.
30 Pascual, Crisolito, Labor Relations Law, 1986 ed., p. 159.
560

31
reasoning we held in Golden Farms, Inc. v. Ferrer-Calleja 32
reiterated in Philips Industrial Development, Inc. v. NLRC, that
“confidential employees such as accounting personnel, radio and
telegraph operators who, having access to confidential information,
may become the source of undue advantage. Said employee(s) may
act as spy or spies of either party to a collective bargaining
agreement.”
In fine, only the Branch Managers/OICs, Cashiers and
Controllers of respondent Bank, being confidential employees, are
disqualified from joining or assisting petitioner Union, or joining,
assisting or forming any other labor organization. But this ruling
should be understood to apply only to the present case based on the
evidence of the parties, as well as to those similarly situated. It
should not be understood in any way to apply to banks in general.
WHEREFORE, the petition is partially GRANTED. The decision
of public respondent Secretary of Labor dated 23 March 1990 and
his order dated 20 April 1990 are MODIFIED, hereby declaring that
only the Branch Managers/OICs, Cashiers and Controllers of
respondent Republic Planters Bank are ineligible to join or assist
petitioner National Association of Trade Unions (NATU)-Republic
Planters Bank Supervisors Chapter, or join, assist or form any other
labor organization.
SO ORDERED.
Davide, Jr., Quiason and Kapunan, JJ., concur.

Padilla (Chairman), J., See Concurring and Dissenting
Opinion.
CONCURRING AND DISSENTING OPINION
PADILLA, J.:
I concur in the majority opinion’s conclusion that respondent Bank’s

Branch Managers/OICs, Cashiers and Controllers, being
____________
31 G.R. No. 78755, 19 July 1989, 175 SCRA 471.

32 G.R. No. 88957, 25 June 1992, 210 SCRA 339.
561
561 VOL. 239, DECEMBER 29, 1994

confidential employees of the Bank, are disqualified from joining or

assisting petitioner labor union or joining, assisting or forming any
other labor organization, including a supervisors’ union.
However, I dissent from its conclusion that respondent Bank’s
Department Managers and Department Assistant Managers are not
disqualified from joining a labor union including a supervisors’
union. My years of experience in the banking industry (perhaps
irrelevant to this case) have shown that positions of such Department
Heads (Managers) are as confidential, if not more, than the position
of Branch Managers. In fact, most of such Department Heads are
Vice-Presidents of the Bank, which underscores their status both as
managerial employees and confidential personnel of the Bank. It
would be incongruous for a Department Manager who, as already
stated, is usually a Vice-President, to be a member of the same labor
organization as his messenger or supervisory account executives. It
would be even more untenable and dangerous for a Department
Manager who usually is a Vice-President, being a member of a labor
union, to be designated a union representative for purposes of
collective bargaining with the management of which he is a part. I
think the public respondent is correct in disqualifying from
membership in a labor union of supervisors, those who are
Department Managers and Assistant Managers.
I, therefore, vote for the affirmance in toto of public respondent’s
decision of 23 March 1990 and order of 20 April 1990.
Petition partially granted.
Note.—Managers and Supervisors are prohibited from joining a

rank-and-file union. (Tropical Hut Employees’ Union vs. Tropical
Hut Food Market, Inc., 181 SCRA 173 [1990])
——o0o——
562
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9/24/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 239

546 SUPREME COURT REPORTS ANNOTATED

G.R. No. 93468. December 29, 1994.

NATIONAL ASSOCIATION OF TRADE UNIONS (NATU)-

Labor Law; Certification Election; An employer has no standing to

VOL. 239, DECEMBER 29, 1994 547

National Association of Trade Unions-Republic Planters Bank Supervisors

PADILLA, J., Concurring and Dissenting Opinion

Labor Law; Certification Election; Respondent Bank’s Branch

union of supervisors, those who are Department Managers and Assistant

PETITION to nullify a decision of the Secretary of Labor and

The facts are stated in the opinion of the Court.

548 SUPREME COURT REPORTS ANNOTATED

The Government Corporate Counsel for Republic Planters Bank.

NATIONAL ASSOCIATION OF TRADE UNIONS (NATU)-

WHEREFORE, x x x x let a certification election be ordered conducted

Respondent Bank appealed the order to the Secretary of Labor on

and/or confidential employees and thus ineligible to join, assist or

VOL. 239, DECEMBER 29, 1994 549

job description and duties of the positions in question and affidavits

WHEREFORE, x x x the appeal is hereby partially granted. Accordingly,

NATU filed a motion3

550 SUPREME COURT REPORTS ANNOTATED

and the Controller. Thirdly, the organizational setup where the

4 Id., pp. 103-106.

551 VOL. 239, DECEMBER 29, 1994

confidential employees, there is no legal prohibition against

6 Philippine Telegraph and Telephone Corporation v. Laguesma, G.R. No. 101730,

552 SUPREME COURT REPORTS ANNOTATED

Republic Act No. 6715, otherwise known as the Herrera-Veloso Law,

Art. 212 (m)—Managerial employee is one who is vested with powers or

At first glance, pursuant to the above-definitions and based on their job

7 Decision of public respondent Secretary of Labor promulgated 23 March 1990,

VOL. 239, DECEMBER 29, 1994 553

554 SUPREME COURT REPORTS ANNOTATED

The grave abuse of discretion committed by public respondent is at

VOL. 239, DECEMBER 29, 1994 555

Cashier does not 10

(a) Memorandum issued by respondent Bank’s Assistant Vice

10 Id., pp. 91-92.

14 Records, pp. 249-250.

556 SUPREME COURT REPORTS ANNOTATED

As a consequence, the affidavit of the Executive Assistant cannot be

17 Id., pp. 206-207.

19 Records, pp. 239-240.

557 VOL. 239, DECEMBER 29, 1994

respondent Bank itself showing lack of said power by other Branch

(a) Memorandum from the Branch Manager for the AVP-Man-

Clearly, those officials or employees possess only recommendatory

21 Records, pp. 112-115.

558 SUPREME COURT REPORTS ANNOTATED

absolutely no evidence submitted to substantiate public respondent’s

23 Records, pp. 120-121.

VOL. 239, DECEMBER 29, 1994 559

In applying the doctrine of necessary implication, we took into

28 G.R. No. 74425, 7 October 1986, 144 SCRA 628, 635.

560 SUPREME COURT REPORTS ANNOTATED

Davide, Jr., Quiason and Kapunan, JJ., concur.

CONCURRING AND DISSENTING OPINION