20 KMP Vs Trajano

KMP vs Trajano Union and the non-segregation of the Union funds occurred before they became officers
G.R. No. L-62306/ January 21, 1985/ Relova, J. and that they have already been correcting the same.
 Med-Arbiter directed KMP to hold and conduct, under the supervision of the Bureau of
NATURE Petition to annul BLR Resolution Labor Relations, a general membership meeting, to vote for or against the expulsion or
PETITIONERS KAPISANAN NG MANGGAGAWANG PINAGYAKAP (KMP), ISAGANI suspension of the herein petitioner union officers. BLR Director Trajano affirmed.
GUTIERREZ, FLORENCIA CARREON, JOSE FLORES, DENNIS ALINEA,  Union later informed Trajano that in the general election, all of them, except two of the
ELADIO DE LUNA and CRISANTO DE VILLA, petitioners, who ran for VP and member of the Board of Directors, were elected by the
RESPONDENTS HON. CRESENCIANO TRAJANO, DIRECTOR OF THE BUREAU OF LABOR overwhelming majority of the members, while Catalino Silvestre and Cesar Alfaro who
RELATIONS, CATALINO SILVESTRE, and CESAR ALFARO, also ran for the position of Auditor, lost. Moved for the dismissal of the appeal for having
SUMMARY. Respondents had asked for an audit of the union account which yielded been rendered moot and academic by their re-election. R denied this
several irregularities imputed to the Petitioners. Respondents filed for expulsion of the
petitioner-union officers. BLR ordered an election; when the union officers were re- ISSUES & RATIO.
elected, Petitioners moved to dismiss the case for having been rendered moot and 1. WON BLR erred in calling for a referendum . – YES.
academic (since they have been reelected na) BLR denied. SC said BLR cannot order .
expulsion of the newly elected officers- and BLR should have ordered their expulsion If the officers (petitioners) were guilty BLR should have meted out the appropriate
before the re-election. As such, BLR’s resolution to expel these officers is annulled. penalty on them, i.e., to expel them from the Union, as prayed for, and not call for a
DOCTRINE. The Court should never remove a public officer for acts done prior to his referendum to decide the issue;
present term of office. To do otherwise would be to deprive the people of their right to
elect their officers. When the people have elected a man to office, it must be assumed that The alleged falsification and misrepresentation were not supported by substantial evidence.
they did this with knowledge of his life and character, and that they disregarded or forgave The fact that they disbursed the amount of P1,278.00 from Union funds and later on was
Ms faults or misconduct, if he had been guilty of any. It is not for the court, by reason of disallowed for failure to attach supporting papers thereon did not of itself constitute
such faults or misconduct to practically overrule the will of the people. falsification and/or misrepresentation. The expenditures appeared to have been made in good
faith and the amount spent for the purpose mentioned in the report, if concurred in or
FACTS. accepted by the members, are reasonable; and
 On June 30, 1981 a written request for accounts examination the KMP Labor Union, the
existing union at Franklin Baker Company in San Pablo City, was filed by Catalino The repudiation of both private respondents to the highly sensitive position of auditor at the
Silvestre and 13 other employees, also members of the said Union. Union Account October 4, 1982 election, is a convincing manifestation and demonstration of the union
Examiner Vicedo of the Ministry of Labor and Employment submitted the ff. findings: membership's faith in the herein officers' leadership on one hand and a clear condonation of
o Disallowed expenditures — P1,278.00 (jeep, Manila Zoo, long distance call, an act they had allegedly committed.
sound system, legal expenses, etc.)
o Union officers failed to keep, maintain and submit for verification the records By and large, the holding of the referendum in question has become moot and academic. This
union accounts for years 1977-1979, or purposely suppressed the same; is in line with Our ruling in Pascual vs. Provincial Board of Nueva Ecija, 106 Phil. 471, which We
o Union officers failed to maintain segregated disbursement receipts in quote:
accordance with the five segregated union funds (general fund, educational
funds, mutual aid fund, burial assistance fund and union building fund) for The Court should never remove a public officer for acts done prior to his present term of
which they maintained a distinct and separate bank accounts for each. office. To do otherwise would be to deprive the people of their right to elect their officers.
o Union's constitution and by-laws is not ratified by the general membership When the people have elected a man to office, it must be assumed that they did this with
hence, illegal. knowledge of his life and character, and that they disregarded or forgave Ms faults or
 Silvestre et al. then filed with the Regional Office for the expulsion of the union officers misconduct, if he had been guilty of any. It is not for the court, by reason of such faults or
on the ground that they violated paragraphs (a), (b), (g), (h), (j) and (k) of LC 242 (now misconduct to practically overrule the will of the people.
247); and, the constitution and by-laws of the Union.
 Union officers argued that the disallowed expenditures were made in good faith; that the DECISION.
same conduced to the benefit of the members; and, that they are willing to reimburse Petition granted. BLR Resolution set aside; petition to expel officers is set aside for being
the same from their own personal funds. They likewise asserted that they should not be moot and academic.
held accountable for the non-production of the books of accounts of the Union for the
1977-1979 because they were not the officers then and former officers had not turned
over to them the records. Also, the non-ratification of the constitution and by-laws of the

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KMP vs Trajano Union and the non-segregation of the Union funds occurred before they became officers

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