FELIX ASEJO, JOVITO AGUILLON, CARLOS DRANTOS, TEOFISTO JADIA, PRIMO MONES, SIMPLICIO ESTARES, BENITO BAWIGA, JOSE JAMCO, JOSE RANDIVILLA, BERNARDINO ELESTERIO AND MARIANO CONSUL…

The individual
petitioners, now appellees, were unlicensed crew
members employed in vessels owned and operated by respondent Adriano Chua Joy,
doing business under the name South Sea Shipping Lines.  Respondent United Seamen’s Union of the Philippines was the representative of the employees, and
had a collective bargaining agree­ment with the employer executed on June 28,
1957, to last for a
period of two years, which agreement contained a closed shop clause.  The petitioners, while still members of
respondent union, affiliated with a rival organization, the General Maritime
Stevedores Union of the Philippines.  As members of the latter union they joined with
others in filing, on April 30, 1958, a petition for certification election
with the Court of Industrial Relations to deter­mine which of the two
organizations should represent the unlicensed crew members.  In May 1958, upon being apprised of the
filing of said petition, the United Seamen’s Union
demanded of the employer that the services of the peti­tioners be terminated,
allegedly pursuant to the terms of the closed shop agreement.

 Faced with the threat of expulsion, the
petitioners went to the Court of
First Instance of Manila for declara­tory relief with preliminary injunction,
specifically asking that the pertinent provision of the closed shop agreement relied upon
by the respondents be declared illegal and void.  The court granted the injunction on July 25, 1958, directing the
respondents to “refrain from terminating the services of the petitioners
and ousting them from their lawful employments and positions as unlicensed
members of the crew of the vessels of the South Sea Shipping Lines.”

On February 6, 1959,
after trial, the court granted the relief asked for in the petition and made
the injunction permanent.  The case came
up to this Court on appeal from that decision.

In the meantime the petition for certification election filed in
the Court of Industrial Relations was dismissed on the ground that there was
still an existing collective bargaining agreement with the United Seamen’s Union.  An appeal was interposed from the order of
dismissal (G. R. No. L-14689) which this Court decided on July 26, 1960.  In view of that
decision this Court issued a reso­lution in the present case on April 25, 1967, as follows:

“In L-19373 (Felix Asejo, et al. vs.
Adriano Chua Joy, etc. et al.) considering that in CIR Case No. 546-MC, later
numbered 547-MC, appealed to this Court and docketed as G. R. No.
L-14689 (General Maritime Stevedores’ Union, etc. vs. South Sea Ship­ping
Lines, et al.), this Court in its decision promulgated July 26, 1960, ordered
that a certification election be held to determine which of the two contending unions involved in this
case should be the proper bargaining representative of the employees of the
said shipping line; and considering further that such certification election
may have already rendered the issues in the instant case moot:  the parties are hereby required to show cause
within fifteen (15) days from receipt hereof why the petition should not be
dismissed.”

Both parties duly received notice of the resolution, but until
now have failed to show cause as directed therein.

WHEREFORE, the petition is hereby dismissed, without
pronouncement as to costs.

Reyes, JBL, Bengzon, JP, Zaldivar, Sanchez, Ruiz Castro, Angeles, and Fernando, JJ., concur.

Concepcion, C.J., and Dizon, J., took no part.