Thursday, May 26, 2016

Rule 65 to CA (sample)

Republic of the Philippines
Court of Appeals
3rd Division
Manila


VCO Hotel & Resorts Corp
                             Petitioner,

-versus-


NATIONAL LABOR RELATIONS
COMMISSION, Public Respondent,
VCO HRC EMPLOYEES UNION,
LANZ AIDAN OLIVES as Private
      Respondents.


PETITION

PETITIONER, by counsel respectfully submits that:

1.     Petitioner is a domestic corporation organized under the laws of the Philippines, with principal address at 1 Aseana Avenue, Paranaque, Metro Manila. The private respondents, on the other hand, are VCO HRC Employees Union, the certified collective bargaining unit of the petitioner-company, and Lanz Aidan Olives, an employee of the company.

2.     This is a Petition for Certiorari under Rule 65 of the Rules of Court assailing the Decision of the National Labor Relations Commission (NLRC) dated March 31, 2016 affirming the Decision of the Labor Arbiter dated September 30, 2015 which ruled that petitioner is guilty of unfair labor practice for violation of the collective bargaining agreement.

3.     The present petition stemmed as follows: The petitioner company and the respondent union entered into a Collective Bargaining Agreement (CBA). Section 16 of the said CBA provides that, “the relatives of the employees shall be entitled to a 10% discount on rooms and restaurant of the company upon presentation of the employee’s identification card and the employee’s relative’s identification card.” Pursuant to the said provision of the CBA, Lanz Aidan L. Olives, an employee of the company and a member of the union, availed of this benefit on February 14, 2015 and invited his aunt and uncle to check in at VCO Hotel and Resort for them to celebrate their 25th anniversary there. When Olives presented his identification card and his aunt and uncle’s, the company refused to grant them the 10% discount. Since the aunt and uncle of Olives only brought exact amount of money, they were forced to leave the hotel premises humiliated. The next day, Olives and the company union filed an unfair labor practice complaint against the company for violation of the CBA. The primary defense of the company was that the “relative” contemplated in the CBA includes immediate family members only and hence, shall only be applicable to father, mother, brother, and sister of the employee. Secondly, such issue shall first be referred to the grievance machinery and thereafter, to the Voluntary Arbitrators. Both the Labor Arbiter and the National Labor Relations Commission (NLRC) found that the petitioner company is guilty of unfair labor practice.

4.     The petitioner company consistently contends that pursuant to Art. 273 of the Labor Code and their CBA, all issues arising from the CBA shall be referred to first before the grievance machinery and after such, may be elevated to the Voluntary Arbitrators. It is further provided by the Article 274 of the Labor Code that, “The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies referred to in the immediately preceding article. Accordingly, violations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement.” Hence, the Labor Arbiter and NLRC acted without jurisdiction when it took cognizance of the unfair labor practice complaint filed by Olives and VCO HRC Employees Union.

5.     There is no appeal from such decision or any plain or speedy remedy in the ordinary course of law, except this petition.

6.     A certified true copy of the Decision of the NLRC under review is attached.


Paranaque City, April 21, 2016.

ATTY. MICHELLE A. VALE CRUZ
Counsel for Petitioner
Vale Cruz & Associates Law Firm
117 Gamboa St., San Lorenzo, Paranaque



VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines
(City of Paranaque                      ) S.S.


I, NESTOR LEYNES III, of legal age, the incumbent President of VCO Hotel and Resort Corporation, after having been duly sworn in accordance with law, depose and state that:

1. I am the authorized representative of the complainant in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have received a copy of the Decision of the NLRC on April 1, 2016.

4. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;

5. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

7. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.


Paranaque City, Philippines, April 21, 2016

__________________
NESTOR LEYNESS III



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