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PHILIPPINE DIAMOND HOTEL v. MANILA DIAMOND HOTEL EMPLOYEES UNION

This case has been cited 6 times or more.

	GR No. 155109 2012-03-14	C. ALCANTARA v. CA PERALTA, J.
However, in a number of cases cited in Toyota Motor Phils. Corp. Workers Association (TMPCWA) v. National Labor Relations Commission,[51] we refrained from awarding separation pay or financial assistance to Union officers and members who were separated from service due to their participation in or commission of illegal acts during the strike.[52] In Pilipino Telephone Corporation v. Pilipino Telephone Employees Association (PILTEA),[53] the strike was found to be illegal because of procedural infirmities and for defiance of the Secretary of Labor's assumption order. Hence, we upheld the Union officers' dismissal without granting financial assistance. In Sukhotai Cuisine and Restaurant v. Court of Appeals,[54] and Manila Diamond Hotel and Resort, Inc. (Manila Diamond Hotel) v. Manila Diamond Hotel Employees Union,[55] the Union officers and members who participated in and committed illegal acts during the illegal strike were deemed to have lost their employment status and were not awarded financial assistance.
	GR No. 160302 2010-09-27	DANILO ESCARIO v. NLRC BERSAMIN, J.
Under the principle of a fair day's wage for a fair day's labor, the petitioners were not entitled to the wages during the period of the strike (even if the strike might be legal), because they performed no work during the strike. Verily, it was neither fair nor just that the dismissed employees should litigate against their employer on the latter's time.[25] Thus, the Court deleted the award of backwages and held that the striking workers were entitled only to reinstatement in Philippine Diamond Hotel and Resort, Inc. (Manila Diamond Hotel) v. Manila Diamond Hotel Employees Union,[26] considering that the striking employees did not render work for the employer during the strike.
	GR NO. 166879 2009-08-14	A. SORIANO AVIATION v. EMPLOYEES ASSOCIATION OF A. SORIANO AVIATION CARPIO MORALES, J.
Indeed, even if the purpose of a strike is valid, the strike may still be held illegal where the means employed are illegal. Thus, the employment of violence, intimidation, restraint or coercion in carrying out concerted activities which are injurious to the right to property renders a strike illegal. And so is picketing or the obstruction to the free use of property or the comfortable enjoyment of life or property, when accompanied by intimidation, threats, violence, and coercion as to constitute nuisance.[12]
	GR No. 163942 2008-11-11	NATIONAL UNION OF WORKERS IN HOTEL RESTAURANT v. CA VELASCO JR., J.
Further, we held in one case that union members who participated in an illegal strike but were not identified to have committed illegal acts are entitled to be reinstated to their former positions but without backwages.[27] We then held in G & S Transport Corporation v. Infante:With respect to backwages, the principle of a "fair day's wage for a fair day's labor" remains as the basic factor in determining the award thereof. If there is no work performed by the employee there can be no wage or pay unless, of course, the laborer was able, willing and ready to work but was illegally locked out, suspended or dismissed or otherwise illegally prevented from working. While it was found that respondents expressed their intention to report back to work, the latter exception cannot apply in this case. In Philippine Marine Officer's Guild v. Compañia Maritima, as affirmed in Philippine Diamond Hotel and Resort v. Manila Diamond Hotel Employees Union, the Court stressed that for this exception to apply, it is required that the strike be legal, a situation that does not obtain in the case at bar.[28]
	GR NOS. 158786 & 158789 2007-10-19	TOYOTA MOTOR PHILS. CORP. WORKERS ASSOCIATION v. NLRC VELASCO, JR., J.
A painstaking review of case law renders obtuse the Union's claim for separation pay. In a slew of cases, this Court refrained from awarding separation pay or financial assistance to union officers and members who were separated from service due to their participation in or commission of illegal acts during strikes. In the recent case of Pilipino Telephone Corporation v. Pilipino Telephone Employees Association (PILTEA),[74] this Court upheld the dismissal of union officers who participated and openly defied the return-to-work order issued by the DOLE Secretary. No separation pay or financial assistance was granted. In Sukhothai Cuisine and Restaurant v. Court of Appeals,[75] this Court declared that the union officers who participated in and the union members who committed illegal acts during the illegal strike have lost their employment status. In this case, the strike was held illegal because it violated agreements providing for arbitration. Again, there was no award of separation pay nor financial assistance. In Philippine Diamond Hotel and Resort, Inc. v. Manila Diamond Hotel Employees Union,[76] the strike was declared illegal because the means employed was illegal. We upheld the validity of dismissing union members who committed illegal acts during the strike, but again, without awarding separation pay or financial assistance to the erring employees. In Samahang Manggagawa sa Sulpicio Lines, Inc. v. Sulpicio Lines,[77] this Court upheld the dismissal of union officers who participated in an illegal strike sans any award of separation pay. Earlier, in Grand Boulevard Hotel v. Genuine Labor Organization of Workers in Hotel, Restaurant and Allied Industries,[78] we affirmed the dismissal of the Union's officers who participated in an illegal strike without awarding separation pay, despite the NLRC's declaration urging the company to give financial assistance to the dismissed employees.[79] In Interphil Laboratories Union-FFW, et al. v. Interphil Laboratories, Inc.,[80] this Court affirmed the dismissal of the union officers who led the concerted action in refusing to render overtime work and causing "work slowdowns." However, no separation pay or financial assistance was allowed. In CCBPI Postmix Workers Union v. NLRC,[81] this Court affirmed the dismissal of union officers who participated in the strike and the union members who committed illegal acts while on strike, without awarding them separation pay or financial assistance. In 1996, in Allied Banking Corporation v. NLRC,[82] this Court affirmed the dismissal of Union officers and members, who staged a strike despite the DOLE Secretary's issuance of a return to work order but did not award separation pay. In the earlier but more relevant case of Chua v. NLRC,[83] this Court deleted the NLRC's award of separation benefits to an employee who participated in an unlawful and violent strike, which strike resulted in multiple deaths and extensive property damage. In Chua, we viewed the infractions committed by the union officers and members as a serious misconduct which resulted in the deletion of the award of separation pay in conformance to the ruling in PLDT. Based on existing jurisprudence, the award of separation pay to the Union officials and members in the instant petitions cannot be sustained.
	GR No. 160303 2007-09-13	G & S TRANSPORT CORPORATION v. TITO S. INFANTE TINGA, J.
With respect to backwages, the principle of a "fair day's wage for a fair day's labor" remains as the basic factor in determining the award thereof. If there is no work performed by the employee there can be no wage or pay unless, of course, the laborer was able, willing and ready to work but was illegally locked out, suspended or dismissed or otherwise illegally prevented from working. While it was found that respondents expressed their intention to report back to work, the latter exception cannot apply in this case. In Philippine Marine Officers' Guild v. Compañia Maritima,[38] as affirmed in Philippine Diamond Hotel and Resort v. Manila Diamond Hotel Employees Union,[39] the Court stressed that for this exception to apply, it is required that the strike be legal, a situation that does not obtain in the case at bar.