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[GOVERNMENT SERVICE INSURANCE SYSTEM EMPLOYEES ASSOCIATION v. GREGORIO T. LANTIN](https://www.lawyerly.ph/juris/view/c3fb4?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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118 Phil. 1020

[ G.R. No. L-18927, September 30, 1963 ]

GOVERNMENT SERVICE INSURANCE SYSTEM EMPLOYEES ASSOCIATION (CUGCO-KMP), ET AL., PETITIONERS, VS. HON. GREGORIO T. LANTIN, ET AL, RESPONDENTS.

D E C I S I O N

BAUTISTA ANGELO, J.:

On August 17,  1961, a labor dispute arose between the several unions comprising the employees of the Government Service Insurance System  and the latter concerning the implementation  of a collective  bargaining agreement entered into between them relative to salary scales which labor dispute was  certified by  the Executive  Secretary to  the Court  of Industrial  Relations for action.  The validity of this certification was impugned  by the unions on the ground that  it was unauthorized by law.

 As an outgrowth of the abovementioned labor dispute a strike was declared by the members of the  unions against the GSIS in the  course of which attempts  were made by the leaders  of the  unions to  negotiate with Gregorio S. Licaros in  his capacity  as Chairman <4  the  Board of Trustees of the GSIS regarding the  settlement of their differences, but Licaros refused the proffer of negotiation. As a result, the unions filed a complaint  for unfair labor practice  against  Licaros  before the Court of  Industrial Relations charging him with refusal to bargain with the unions as authorized by  law.    Because of the  picketing which the members of the unions set up around the premises of the GSIS in an attempt to prevent it to perform its  functions, Licaros,  who at the same time was  the Chairman of the Board of Governors of the Development Bank of  the Philippines, allowed the officials and a portion of the  staff of the GSIS, especially its treasurer, to hold office in  the premises of the latter bank in order that its functions will not  be disrupted, which action   prompted the members of the unions to  likewise cause the peaceful picketing of  the  premises  of the bank by  displaying placards  to  inform the public  of the labor dispute that was then going on.

Hence , on September 27,  1961, the  Developement Bank of the Philippines filed an action against the several unions before the  Court of First Instance of Manila seeking to prohibit  the picketing of its  premises.  At the same time, it prayed for the issuance of a writ of preliminary  injunction  pending determination of the case on the merits. Judge   Gregorio T. Lantin,  who was presiding  the court, without  previously setting  the petition  for hearing,  immediately issued the  writ prayed for upon  the filing on the part of the bank of a  cash bond in the amount of P20,000.00.  As a  consequence, the Chief  of   Police of Manila, assisted by his agents, implemented the order by dispersing  those  who were  engaged in picketing to  the extent of arresting  some  of  them  who proved  hostile even before  a  copy of the writ was actually served on the unions.

Considering that in issuing the writ of preliminary injunction  ex parte  in   a  manner contrary  to Republic  Act 875 Judge Lantin acted without jurisdiction, or with grave abuse of discretion, the unions interposed the  present petition for certiorari with preliminary injunction.

This  Court gave due course to the petition, requiring respondents  to  answer within 5  days from  notice, but declined to issue the writ prayed for.

In the  meantime, the labor dispute  that gave rise to the strike and picketing was amicably settled  as  a result of which the employees composing the unions  returned to work.   Eventually, also, the writ of preliminary injunction issued by respondent court became moot with  the cancellation of the cash bond put  up by the Development Bank of the  Philippines.  It,  therefore,  appears that  this petition has  also become moot.

Wherefore, petition is dismissed.  No costs.

Bengzon,  C.  J.,  Padilla,  Labrador,  Barrera,  Paredes, Dizon, Regala and Makalintal, JJ., concur.


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