Robosa V NLRC Digest

CASE TITLE: ROBOSA v NLRC
GR NO.: G.R. No. 176085

DATE: February 8, 2012
PETITIONER: FREDERICO ROBOSA et al.- rank and file employees of respondent,
officers of the union
RESPONDENT: Chemo-Technische Manufacturing, Inc. (CTMI) acquired by Proctor
and Gamble
FACTS:
CTMI Employees Union-DFA, led by the petitioners filed a petition for certification
election at CTMI to be certified as the exclusive bargaining agent of the company. It
failed to garner the votes required. Later on, respondent issued a memorandum
demobilizing its sales territories and abolishing its system of truck-sales
representatives while simultaneously informing the sales group of a new
system(Salon Business Groups). Petitioner union asked for the withdrawal of
respondents directives but the latter ignored it. Instead it issued a notice of
termination of employment of sales drivers due to the abolition of their position.
Petitioners filed a complaint for illegal dismissal and unfair labor practices against
CTMI, it also moved for the issuance of a writ of preliminary injunction and/or TRO.
During the compulsory arbitration proceedings, the union was prompted to file it to
the NLRC which then issued a TRO. It was upgraded to a writ of preliminary
injunction when the respondent refused to comply. Respondent moved for
consideration but was denied by the NLRC who then directed Labor Arbiter Cristeta
Tamayo to hear the motion for contempt as urged by the union.
The NLRC heard the contempt charge but issued its dismissal. Petitioner moved for
reconsideration and subsequently sought relief from the CA. However, the CA
opined that the dismissal is not subject to review by an appellate court. Hence this
petition raising the issues.
ISSUE:
(1) whether the NLRC has contempt powers;
(2) whether the dismissal of a contempt charge is appealable; and
(3) whether the NLRC committed grave abuse of discretion in dismissing the
contempt charge against the respondents
HELD:
1.) Under Article 218 of the Labor Code, the NLRC (and the labor arbiters) may hold
any offending party in contempt, directly or indirectly, and impose appropriate
penalties in accordance with law. The Labor Code, however, requires the labor
arbiter or the Commission to deal with indirect contempt in the manner prescribed
under Rule 71 of the Rules of Court.
Rule 71 of the Rules of Court does not require the labor arbiter or the NLRC to
initiate indirect contempt proceedings before the trial court. This mode is to be
observed only when there is no law granting them contempt powers. Article 218(d)
of the Labor Code, the labor arbiter or the Commission is empowered or has
jurisdiction to hold the offending party or parties in direct or indirect contempt. The
petitioners, therefore, have not improperly brought the indirect contempt charges
against the respondents before the NLRC.
2.) The CA held that the NLRCs dismissal of the contempt charges against the
respondents amounts to an acquittal in a criminal case and is not subject to appeal.
This ruling is grounded on prevailing jurisprudence.
The case cited Mison jr. v. Subido where Justice Reyes stressed the contempt
proceeding far from being a civil action is of a criminal nature and of summary
character in which the court exercises but limited jurisdiction. It was then explicitly
held: Hence, as in criminal proceedings, an appeal would not lie from the order of
dismissal of, or an exoneration from, a charge of contempt of court.
3.) No. The assailed NLRC ruling did not commit grave abuse of discretion. It rightly
avoided probing into issues which would clearly be in excess of its jurisdiction for
they are issues involving the merits of the case which are by law within the original
and exclusive jurisdiction of the labor arbiter. The NLRC can inquire into them only
on appeal after the merits of the case shall have been adjudicated by the labor
arbiter. An act of a court or tribunal may only be considered as committed in grave
abuse of discretion when it was performed in a capricious or whimsical exercise of
judgment which is equivalent to lack of jurisdiction.

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CASE TITLE: ROBOSA v NLRC

GR NO.: G.R. No. 176085

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