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    Heritage Hotel Vs Nuwhrain

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    Glewin David
    The petitioner challenged the DOLE Secretary's jurisdiction over an appeal from the regional director's decision regarding a union certification. The facts involved the respondents filing for certification which was approved over petitioner's objection. The regional director and Med-Arbiter ruled for respondents. The BLR director inhibited himself due to prior involvement as counsel for respondents. The Secretary ruled in the BLR director's stead, also ruling for respondents. The issue was whether the Secretary had jurisdiction over the appeal that was normally under the BLR director. The ruling was that the Secretary, exercising supervision over the BLR, had authority to directly resolve the issue in place of the inhibited BLR director.

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    Heritage Hotel Vs Nuwhrain

    Uploaded by

    Glewin David
    55 views1 page
    The petitioner challenged the DOLE Secretary's jurisdiction over an appeal from the regional director's decision regarding a union certification. The facts involved the respondents filing for certification which was approved over petitioner's objection. The regional director and Med-Arbiter ruled for respondents. The BLR director inhibited himself due to prior involvement as counsel for respondents. The Secretary ruled in the BLR director's stead, also ruling for respondents. The issue was whether the Secretary had jurisdiction over the appeal that was normally under the BLR director. The ruling was that the Secretary, exercising supervision over the BLR, had authority to directly resolve the issue in place of the inhibited BLR director.

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    Consti, Executive power. Power of Supervision and Control

    Original Title

    Heritage Hotel vs Nuwhrain

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    The petitioner challenged the DOLE Secretary's jurisdiction over an appeal from the regional director's decision regarding a union certification. The facts involved the respondents filing for certification which was approved over petitioner's objection. The regional director and Med-Arbiter ruled for respondents. The BLR director inhibited himself due to prior involvement as counsel for respondents. The Secretary ruled in the BLR director's stead, also ruling for respondents. The issue was whether the Secretary had jurisdiction over the appeal that was normally under the BLR director. The ruling was that the Secretary, exercising supervision over the BLR, had authority to directly resolve the issue in place of the inhibited BLR director.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    55 views1 page

    Heritage Hotel Vs Nuwhrain

    Uploaded by

    Glewin David
    The petitioner challenged the DOLE Secretary's jurisdiction over an appeal from the regional director's decision regarding a union certification. The facts involved the respondents filing for certification which was approved over petitioner's objection. The regional director and Med-Arbiter ruled for respondents. The BLR director inhibited himself due to prior involvement as counsel for respondents. The Secretary ruled in the BLR director's stead, also ruling for respondents. The issue was whether the Secretary had jurisdiction over the appeal that was normally under the BLR director. The ruling was that the Secretary, exercising supervision over the BLR, had authority to directly resolve the issue in place of the inhibited BLR director.

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    Case Facts Issue/s Ruling Jurisprudence

    Respondents filed a petition for Araneta, et al. v. Hon. M.


    certification of pre-election with Gatmaitan, et al.,27
    the DOLE. The Med-Arbiter
    approved the pre-election. pronounced that, if a certain
    Petitioner filed for cancellation of power or authority is vested by
    the certification due to the failure law upon the Department
    of respondent to submit its Yes. It is without question that Secretary, then such power or
    financial statements to the the appeal from the decision of authority may be exercised
    Bureau of Labor Relations. The the regional office is within the directly by the President, who
    Med-Arbiter still ruled in favor of jurisdiction of the BLR. Given the exercises supervision and control
    respondents. Petitioner appealed Does DOLE have Jurisdiction circumstances, the BLR director over the departments. This
    The Heritage Hotel Manila vs. the decision to the regional over the appeal? inhibited himself. Petitioner principle was incorporated in the
    NUWHRAIN director of the DOLE. The insists that the case should have Administrative Code of 1987,
    GR 178296 Regional director still rendered a gone to the subordinates of the which defines "supervision and
    decision in favor of respondents, BLR director. However, this control" as including the
    which prompted petitioners to happens in cases where the authority to act directly whenever
    appeal the decision to the director is incapacitated. This a specific function is entrusted by
    director of the Bureau of Labor does not obtain as the director law or regulation to a
    Relations. The director of the BLR merely inhibited himself. On the subordinate.28 Applying the
    inhibited from the issue, as he other hand, the Secretary of foregoing to the present case, it
    was previously the counsel of DOLE has powers of supervision is clear that the DOLE Secretary,
    respondents. The Secretary of and control over the BLR. As as the person exercising the
    Labor resolved the issue in the such, it may validly step into the power of supervision and control
    stead of the BLR director. She shoes of the BLR director and over the BLR, has the authority
    ruled in favor of respondents. resolve the issue. to directly exercise the quasi-
    Petitioner then filed for certiorari, judicial function entrusted by law
    challenging the jurisdiction of the to the BLR Director.
    DOLE Secretary. An appeal from
    the decision of the Regional
    Director is supposed to be under
    the jurisdiction of the BLR.

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