FACTS:

This case involves a petition for certiorari seeking to set aside the Resolutions of the Undersecretary of the Department of Labor and Employment (DOLE) affirming the order of the Med-Arbiter calling for the conduct of a certification election. Respondent Christian Labor Organization of the Philippines (CLOP) filed a petition for certification election among the rank and file employees of the petitioner. The first petition was dismissed by the Med-Arbiter on the grounds that it did not include all eligible employees of the petitioner. Respondent CLOP rectified its mistake and filed a second petition, including all rank and file employees who held non-managerial and non-supervisorial positions. Petitioner filed a motion to dismiss the second petition, arguing that the dismissal of the first petition constituted res judicata. However, the Med-Arbiter ordered the conduct of a certification election among the regular rank and file workers of the petitioner. The petitioner appealed the decision to the DOLE Secretary, who affirmed the order in a resolution. Petitioner filed a motion for reconsideration, arguing that the principle of res judicata should apply and that the second petition was barred by law. The motion for reconsideration was denied, prompting the petitioner to file a motion to suspend proceedings based on prejudicial questions.

ISSUES:

1. Whether or not the dismissal of the first petition for certification election constitutes res judicata.

2. Whether or not the second petition for certification election is barred by the one-year prohibition period.

RULING:

1. The dismissal of the first petition for certification election does not constitute res judicata. Res judicata requires a final judgment on the merits of the case, and in this case, the composition of the proposed bargaining unit in the second petition is different from that in the first petition. Additionally, there are now other parties involved, making it incorrect to say that the parties in the two cases are identical.

2. The second petition for certification election is not barred by the one-year prohibition period. The prohibition period under Section 3, Rule V, Book V of the Omnibus Rules Implementing the Labor Code as amended refers to the period from the time of the dismissal of the first petition to the filing of a subsequent petition. However, in this case, the second petition was filed after the mistake in the composition of the proposed bargaining unit was rectified, and it included all rank and file employees of the company who hold non-managerial and non-supervisorial positions.

PRINCIPLES:

• Res judicata requires a final judgment on the merits of the case.

• The prohibition period for filing a subsequent petition for certification election refers to the period from the dismissal of the first petition to the filing of the subsequent petition.