G.R. No.

192648 On May 18, 2004, BMDOMSI filed its Comment-Opposition to

Petition for Cancellation of Certificate of Registration and
DE OCAMPO MEMORIAL SCHOOLS, INC., Petitioner Supplemental Petition,13 denying De Ocampo's allegations
vs and claiming that the latter only wants to impede the
BIGKIS MANGGAGAWA SA DE OCAMPO MEMORIAL SCHOOL, formation of the union.
INC. , Respondent
In a Decision14 dated July 26, 2004, Acting Regional Director
DECISION Ciriaco A. Lagunzad III of the DOLE-NCR ruled that BMDOMSI
committed misrepresentation by making it appear that the
JARDELEZA, J.: bargaining unit is composed of faculty and technical
employees. In fact, all the union officers and most of the
This is a Petition for Review on Certiorari1 assailing the Court members are from the General Services Division.15
of Appeals (CA) Decision2 dated July 15, 2009 and the Furthermore, the members of the union do not share
Resolution3 dated June 21, 2010 (assailed Decision). The commonality of interest, as it is composed of academic and
assailed Decision affirmed the Decision4 dated December 29, non-academic personnel.16 The nature of work of the
2004 of the Bureau of Labor Relations (BLR), Department of employees of the General Services Division, while falling within
Labor and Employment (DOLE) in Case No. BLR-A-C-75-8- 24- the category of non-academic personnel, differs from that of
04, In Re: Petition for Cancellation of Union Registration of the other nonacademic employees composed of clerks,
Bigkis Manggagawa sa De Ocampo Memorial School, Inc., - messengers, etc., since they also serve the hospital component
Lakas Union Registration Number (NCR-12-CC-002-2003). of De Ocampo.17

I BMDOMSI then filed an appeal to the BLR alleging that the

union members are all employees of De Ocampo and that the
De Ocampo Memorial Schools, Inc. (De Ocampo) is a domestic bargaining unit it sees to represent is appropriate.18
corporation duly-organized and existing under the laws of the
Philippines. It has two main divisions, namely: De Ocampo In a Decision19 dated December 29, 2004, the BLR reversed
Memorial Medical Center (DOMMC), its hospital entity, and the Regional Director's finding of misrepresentation, false
the De Ocampo Memorial Colleges (DOMC), its school entity.5 statement or fraud in BMDOMSI's application for registration.
According to the BLR, De Ocampo failed to adduce proof to
On September 26, 2003, Union Registration No. NCR-UR-9- support its allegation of mixed membership within respondent
3858- 2002 was issued in favor of Bigkis Manggagawa sa De union.20 Further, and contrary to De Ocampo's claim, records
Ocampo Memorial Medical Center - LAKAS (BMDOMMC).6 show that BMDOMSI stated in its application that its members
are composed of rank-and-file employees falling under either
Later, on December 5, 2003, Bigkis Manggagawa sa De faculty or technical occupational classifications.21 The BLR
Ocampo Memorial School, Inc. (BMDOMSI) was issued a Union also held that the existence of an inappropriate bargaining unit
Registration/Certificate of Creation of Local Chapter No. NCR-l would not necessarily result in the cancellation of union
2-CC-002- 2003 and declared a legitimate labor organization.7 registration, and the inclusion of a disqualified employee in a
union is not a ground for cancellation.22 Even if BMDOMSI
On March 4, 2004, De Ocampo filed a Petition for Cancellation shared the same set of officers and members of BMDOMMC,
of Ce1iificate of Registration8 with the Department of Labor the latter had already been delisted on March 3, 2004 and
and Employment - National Capital Region (DOLE-NCR). It there is no prohibition against organizing another union.23
sought to cancel the Certificate of Registration of BMDOMSI
on the following grounds: 1) misrepresentation, false De Ocampo filed a Petition for Certiorari24 with the CA seeking
statement and fraud in connection with its creation and to annul and set aside the BLR Decision as well as the
registration as a labor union as it shared the same set of Resolution25 dated January 24, 2005 denying its motion for
officers and members with BMDOMMC; 2) mixed membership reconsideration.
of rank-and-file and managerial/supervisory employees; and
3) inappropriate bargaining unit.9 The CA affirmed the Decision of the BLR. It ruled that there was
no misrepresentation, false statement or fraud in the
On April 13, 2004, De Ocampo filed a Supplemental Petition,10 application for registration.
informing the DOLE-NCR of the cancellation of the Certificate
of Registration of BMDOMMC in Case No. NCR-OD-0307-009- The record shows that, as BMDOMSI had indicated, the
LRD. It attached a copy of the Decision11 of the DOLE-NCR bargaining unit as described is composed of rank-and-file
dated March 3, 2004, which cancelled and struck off Union employees with occupational classifications under technical
Registration No. NCR-UR-9-3858- 2002 from the registry of and faculty.26 The CA found that there could be no
legitimate labor organizations for being an inappropriate misrepresentation as the members appearing in the minutes
bargaining unit.12 of the general membership meeting, and the list of members
who attended the meeting and ratified the union constitution
and by-laws, are in truth employees of the school, though For fraud and misrepresentation to constitute grounds for
some service the hospital.27 The CA also ruled that, other than cancellation of union registration under the Labor Code, the
De Ocampo's bare allegations, there was no proof of intent to nature of the fraud and misrepresentation must be grave and
defraud or mislead on the part of BMDOMSI. Hence, the compelling enough to vitiate the consent of a majority of union
charge of fraud, false statement or misrepresentation cannot members.36
be sustained.28
De Ocampo insists that "by conveniently disregarding"
However, the CA observed that the members of the union, BMDOMMC's existence during the filing of its application,
who are from academic, non-academic, and general services, despite having the same set of officers and members,37
do not perform work of the same nature, receive the same BMDOMSI "had misrepresented facts, made false statements
wages and compensation, nor share a common stake in and committed fraud in its application for union registration
concerted activities.29 While these factors dictate the for alleging facts therein which they [know] or ought to have
separation of the categories of employees for purposes of known to be false."38
collective bargaining,30 the CA reasoned that such lack of
mutuality and commonality of interest of the union members We agree with the BLR and the CA that BMDOMSI did not
is not among the grounds for cancellation of union registration commit fraud or misrepresentation in its application for
under Article 239 of the Labor Code.31 registration.1âwphi1 In the form "Report of Creation of Local
Chapter"39 filed by BMDOMSI, the applicant indicated in the
De Ocampo filed a motion for reconsideration which was portion "Description of the Bargaining Unit" that it is
denied in the assailed Resolution dated June 21, 2010. Hence, composed of "Rank and File" and under the "Occupational
this petition. Classification," it marked "Technical" and "Faculty."

De Ocampo maintains that BMDOMSI committed Further, the members appearing in the Minutes of the General
misrepresentation and fraud in connection with its application, Membership and the List of Workers or Members who
creation and registration. It intentionally suppressed the fact attended the organizational meeting and adopted/ratified the
that at the time of its application, there was another union Constitution and By-Laws are, as represented, employees of
known as BMDOMMC, with whom they shared the same set of the school and the General Services Division, though some of
officers and members.32 It was also made to appear that the latter employees service the hospital.40
BMDOMMC is a labor union representing a separate
bargaining unit whose personality, affairs and composition are Moreover, there is nothing in the form "Report of Creation of
unknown to BMDOMSI.33 Lastly, BMDOMSI suppressed the Local Chapter" that requires the applicant to disclose the
fact that its members have no mutuality or commonality of existence of another union, much less the names of the
interest as they belong to different work classifications, nature officers of such other union. Thus, we cannot see how
and designations.34 BMDOMSI made the alleged misrepresentation or false
statements in its application.
II
De Ocampo likewise claims that BMDOMSI committed fraud
We deny the petition. and misrepresentation when it suppressed the fact that there
exists "no mutuality and/or communality of interest"41 of its
Article 247, previously Aiiicle 239 of the Labor Code35 members. This, De Ocampo asserts, is a ground for the
provides: cancellation of its registration.

Art. 247. Grounds for Cancellation of Union Registration. - The We disagree.

following may constitute grounds for cancellation of union
registration: While the CA may have ruled that there is no mutuality or
commonality of interests among the members of BMDOMSI,
(a) Misrepresentation, false statement or fraud in connection this is not enough reason to cancel its registration. The only
with the adoption or ratification of the constitution and by- grounds on which the cancellation of a union's registration
laws or amendments thereto, the minutes of ratification, and may be sought are those found in Article 247 of the Labor
the list of members who took part in the ratification; Code. In Tagaytay Highlands International Golf Club
Incorporated v. Tagaytay Highlands Employees Union-
(b) Misrepresentation, false statements or fraud in connection PTGW0,42 we ruled that "[t]he inclusion in a union of
with the election of officers, minutes of the election of officers, disqualified employees is not among the grounds for
and the list of voters; cancellation, unless such inclusion is due to misrepresentation,
false statement or fraud under the circumstances enumerated
(c) Voluntary dissolution by the members. in Sections (a) and (c) of Article [247] x x x of the Labor
Code."43 Thus, for purposes of de-certifying a union, it is not
enough to establish that the rank-and-file union includes
ineligible employees in its membership. Pursuant to
paragraphs (a) and (b) of Article 247 of the Labor Code, it must
be shown that there was misrepresentation, false statement
or fraud in connection with: (1) the adoption or ratification of
the constitution and by-laws or amendments thereto; (2) the
minutes of ratification; (3) the election of officers; (4) the
minutes of the election of officers; and (5) the list of voters.44
Failure to submit these documents together with the list of the
newly elected-appointed officers and their postal addresses to
the BLR may also constitute grounds for cancellation, lack of
mutuality of interests, however, is not among said grounds.45

The BLR and the CA's finding that the members of BMDOMSI
are rank-and-file employees is supported by substantial
evidence and is binding on this Court.46 On the other hand,
other than the allegation that BMDOMSI has the same set of
officers with BMDOMMC and the allegation of mixed
membership of rank-and-file and managerial or supervisory
employees, De Ocampo has cited no other evidence of the
alleged fraud and misrepresentation.

A final word. A party seeking the cancellation of a union's

certificate of registration must bear in mind that:

x x x [A] direct challenge to the legitimacy of a labor

organization based on fraud and misrepresentation in securing
its certificate of registration is a serious allegation which
deserves careful scrutiny. Allegations thereof should be
compounded with supporting circumstances and evidence.
The records of the case are devoid of such evidence.
Furthermore, this Court is not a trier of facts, and this doctrine
applies with greater force in labor cases. Findings of fact of
administrative agencies and quasi-judicial bodies, such as the
BLR, which have acquired expertise because their jurisdiction
is confined to specific matters, are generally accorded not only
great respect but even finality.47

WHEREFORE, the petition is hereby DENIED for lack of merit.

The Decision of the Court of Appeals in CA-G.R. SP No. 89162
dated July 15, 2009 is AFFIRMED.

SO ORDERED.