G.R. No. L-25999 February 9, 1967
ASSOCIATED LABOR UNION, petitioner, vs. JUDGE AMADOR E. GOMEZ, JUDGE JOSE C. BORROMEO and SUPERIOR GAS AND EQUIPMENT CO., OF CEBU, INC., respondents.

FACTS

On January 1, 1965, Associated Labor Union (Union) and Superior Gas and Equipment Co. of Cebu, Inc. (Sugeco) entered into a collective bargaining contract set to expire on January 1, 1966. Prior to expiry, negotiations for renewal began. In February 1966, during negotiations, twelve of Sugeco’s employees resigned from the Union, after which negotiations broke down. On March 1, 1966, the Union wrote Sugeco requesting that the twelve resigned employees not be allowed to report for work unless they produced a clearance from the Union. Sugeco’s attorney rejected the request the same day, stating the contract had lapsed and the company could no longer demand such clearance, and indicated negotiations could resume only after the employees rejoined the Union. Also on March 1, the Union accused Sugeco of bargaining in bad faith and its supervisors of campaigning for union member resignations, and served a strike notice. On March 3, Sugeco’s counsel wrote the Union stating it was no longer the majority representative. On March 4, the Union struck and picketed Sugeco’s Basak plant. On March 5, 1966, Sugeco filed a petition in the Court of First Instance of Cebu (Case No. R-9221) seeking to restrain the Union’s picketing activities. Respondent Judge Amador E. Gomez issued an ex parte writ of preliminary injunction. The Union moved for reconsideration, arguing the court had no jurisdiction over the subject matter, which involved unfair labor practice. Respondent Judge Jose C. Borromeo denied reconsideration. Also on March 5, 1966, the Union lodged an unfair labor practice charge against Sugeco with the Court of Industrial Relations (CIR), alleging coercion of union members to resign, which Sugeco then used to refuse negotiations. On May 9, 1966, the Union filed the present certiorari and prohibition petition.

ISSUE

Whether the Court of First Instance of Cebu had jurisdiction over the subject matter of Case No. R-9221, which involved charges and countercharges of unfair labor practice arising from a labor dispute.

RULING

No. The Court of First Instance of Cebu had no jurisdiction. The charges of coercing union members to resign (by Sugeco) and coercing resigned employees to rejoin (by the Union, as alleged by Sugeco) constitute unfair labor practices under Section 4(a) and (b) of the Industrial Peace Act (Republic Act 875). Under Section 5(a) of the same Act, the Court of Industrial Relations has exclusive jurisdiction over the prevention of unfair labor practices. This exclusive jurisdiction is not affected by Sugeco’s claim for damages, as such claim would depend on evidence in the unfair labor practice case. The CIR case was not an afterthought, as it was filed on the same day as the CFI case, and the strike was premised on the alleged unfair labor practice. Therefore, the CFI was without jurisdiction, and the writ of preliminary injunction it issued was coram non judice and void. The petition was granted, the preliminary injunction was annulled, and the respondent judges were directed to dismiss Case No. R-9221.