[digest]baptista v villanueva

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  • 8/13/2019 [Digest]Baptista v Villanueva

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    G.R. No. 194709 July 31, 2013MINETTE BAPTISTA, BANNIE EDSEL SAN MIGUEL, an MA.!EDA"#N, P$%&%&on$'(, )(. R#SARI# *ILLANUE*A, JANETTER#LDAN, DANIL# #LA"*AR, #N#!RE ESTRELLA, +ATALIN#LEDDA, MAN#L# GUBANG+#, GILBERT #RIBIANA,+#NSTAN+I# SANTIAG#, RUT BA"-UEN, RUB" +ASTANEDA, AL!RED LANDAS, JR., R#SEL "N GAR+ES, EUGENE+RU, MENANDR# SAMS#N, !EDERI+# MUN# anSAL*AD#R DI/A, R$(on$n%(.

    !A+TS

    Petitioners were former union members of Radio Philippines Network

    Employees Union (RPNEU) and is the sole and exclusive bargainingagent of the rank and file employees of Radio Philippines Network(RPN) while the respondents were the unions elected officers andmembers!

    "n suspicion of union mismanagement# petitioners# together with some

    other union members# filed a complaint for impeachment of their union

    president# Reynato $io%on# before the executive board of RPN# whichwas eventually abandoned. T$y la%$' '$lo$ %$ &$a5$n%5ola&n%, %&( %&$, aa&n(% all %$ un&on o66&5$'( an $$'( o6RPNEU $6o'$ %$ 8D#LE

    (&) written complaints# dated 'ay &* and 'ay &+# &*# were filed

    aa&n(% $%&%&on$'(and several others for alleged violation of theun&on:( +on(%&%u%&on an ByLa;(

    o ,rounds- .commission of an act which violates RPNEU

    /onstitution and 0y1aws# specifically# 2rticle 34# $ection &!&for 5oining or forming a union outside the sixty () days periodand

    o 2rticle 34# $ection &!* for urging or advocating that a memberstart an action in any court of 5ustice or external investigativebody against the Union or its officer without first exhausting allinternal remedies open to him or available in accordance with the/01

    Petitioners received a memorandum notice from 6eric $alinas# /hairman

    of the /ommittee# re7uesting them to answer the complaint and attend ahearing scheduled on "ctober 8# &*

    "n November 9# &*# the /ommittee submitted their recommendation

    of $

  • 8/13/2019 [Digest]Baptista v Villanueva

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    restrained or coerced by their union in a way that curtailed their right toselforgani%ation! ;he records likewise failed to sufficiently show that therespondents unduly persuaded management into discriminating againstpetitioners! other than to bring to its attention their expulsion from theunion# which in turn# resulted in the implementation of their /02? sunion security clause!