Monday, December 19, 2016

Bugay v. Kapisanan ng mga Manggagawa sa MRR


Topic: Due Process

FACTS:
1.   It appears that appellant Paulino Bugay was formerly an auditor of the defendant union.
2.      He was at the same time payroll clerk of the Manila Railroad Company.
3.  Sometime in March, 1953, he was requested by the secretary-treasurer of the company to deliver certain documents which were in his possession belonging to the union and in compliance therewith he delivered them without consulting the officers of the union.
4.   Making use of these documents, the management of the company filed with the City Fiscal of Manila against Vicente K. Olazo, president of the union, a charge for falsification of commercial document.
5.    The City fiscal, after proper investigation, dismissed the charge.
6.    Subsequently, charges for disloyalty and conduct unbecoming a union member were preferred against appellant Bugay, and later the corresponding investigation, appellant was expelled from the union.
7.    As a result, appellant filed a charge for unfair labor practice against the union before the Court of Industrial Relations
8.    After due hearing, rendered decision holding that appellant's expulsion was illegal it appearing that the same has not been approved by the majority of the chapters of the union as required by its constitution and by-laws.
9.   Hence, the court ordered the reinstatement of appellant as union member and the restoration to him of all his rights and privileges.
10.  This decision was affirmed by the Supreme Court.
11.  It is to be noted that both in the investigation held by the investigation committee of the Kapisanan and in the board meeting of June 14, 1953, where the committee's report recommending expulsion was approved, Bugay was not present. As has been pointed out earlier, the reason for Bugay's failure to attend the investigation does not appear of record. On the other hand, during the board meeting, the committee of three board members assigned to summon Bugay failed to serve notice upon him because he was then in Lucena, Quezon. Why all these proceedings were continued by the respondents inspite of Bugay's absence remains unexplained in the record. But one thing is certain, whatever might be the merits of the charge filed by respondent Olazo against him, Bugay did not have sufficient opportunity to defend himself. Such proceedings, being violative of the elementary rule of justice and fair play, can not give validity to any act done pursuant thereto.
12.  Besides, the contention that majority of the chapters voted in favor of Bugay's expulsion is not borne by the evidence. An examination of the chapters to the Kapisanan board of directors (Exhs. 7 to 28) shows that all of the votes, except those of the Hondagua Chapters and Engineering Manila Yard Chapter (Exhs. 14 and 17) were not validly cast.
13.  CFI-no sufficient cause of action
14.  CIR-union is guilty
15.  SC-affirmed CIR

ISSUE/S: WON Bugay’s expulsion was illegal

RULING: YES, there is unfair labor practice because expulsion was illegal.

It was found that not only has he not been given an opportunity to defend himself but his expulsion was not submitted to the different chapters of the union as required by its constitution and by-laws. The result was that because of his expulsion he was subjected to humiliation and mental anguish with the consequent loss of his good name and reputation. This is especially so considering that the members of the union from which he was expelled amounted to around 20,000 more or less. It is, therefore, an error for the lower court to hold that the complaint does not state sufficient cause of action for the relief claimed by appellant.

DISPOSITIVE: Bugay won


DOCTRINE: Expulsion of a member is illegal if he is not given due process it appearing that the same has not been approved by the majority of the chapters of the union as required by its constitution and by-laws. Hence, the court CAN ORDER the reinstatement of appellant as union member and the restoration to him of all his rights and privileges.

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