MARINDUQUE MINING & INDUSTRIAL CORPORATION, PLAINTIFF-APPELLEE, VS. SANTIAGO YAP, ET AL., DEFENDANTS-APPELLANTS, PHILIPPINE ASSOCIATION OF FREE LABOR UNIONS (PAFLU), JESUS HIPUL…

Pursuant to a collective
bargaining agreement executed on September 8, 1964 but made effective on May
16, 1964 by and between Marinduque Mining & Industrial Corporation
(Marinduque, for short) on the one hand and two unions, the Philippine
Association of Free Labor Unions (PAFPLU) and the National Mines and Allied
Workers Union (PAFLU), Sipalay Chapter, on
the other, a check-off privilege was
granted for union dues and special assessments, viz:  One-half (1/2) of the union dues collected by the
company, by virtue of the check-off, shall be paid to the
NAMAWU (PAFLU), Sipalay Chapter and the
other half to PAFLU, Manila.

A
dispute arose between NAMAWU (PAFLU), Sipalay Chapter, and PAFLU, Manila, with
reference to the company’s implementation of the check-off provision just mentioned.  On February 11, 1965, the local officers of
NAMAWU revolved to withhold the portion deducted
from the individual pay of the workers which goes to PAFLU in Manila as
its share of the union dues.  On May 4, 1965, PAFLU in turn requested petitioner to withhold payment of all check-off union dues
from both PAFLU and NAMAWU until the question of who is entitled to those union dues
is decided by competent
authorities.

It was by reason of the facts
just adverted to that Marinduque went to the Court of First Instance of
Negros Occidental^[1]
on petition for interpleader against the two
unions and the officers enumerated in the petition amongst whom were
Prudencio Jalandoni and Santiago Yap. 
The company there prayed that the two unions interplead amongst themselves the conflicting
claims between them; that petitioner be directed to pay in court the
checked-off union dues from the workers
which have been withheld; that said payment be considered as made to whomsoever
of the two unions is entitled
thereto.  Defendants-appellants Santiago
Yap, et al., having been declared in
default by order of January 17, 1966, appealed from said order.^[2]

On June 9, 1967, while this
case was pending appeal, a certification
election was conducted at Marinduque, in Sipalay, Negros Occidental, between a new union, Lakas ng
Manggagawang Maka­bayan (ALU) –
represented by appellants Prudencio Jalandoni as its
national president and Santiago Yap as its local president – and the NAMAWU-PAFLU. 
Lakas ng Manggagawang Makabayan (ALU) won.  Consequently, the company and Lakas ng
Manggagawang Makabayan (ALU) executed
in printed form on November 13, 1967 a collective bargaining agreement
effective November 1, 1967.

Came the motion to dismiss
filed by   defendants-appellees.  Their ground is that the present case is now
moot and academic.  Appellants’ opposition accept the factual
averments as, to the certification
election and the collective bargaining agreement of November 13, 1967 just mentioned.  They however claim that this appeal
should be resolved on the merits, primarily and amongst others, to enable this Court to rule on whether or not a court
of first instance has jurisdiction over matters involving the internal
organization of labor unions.

There is no merit in the opposition.  Since the case has become moot and academic, it would serve no useful purpose to pass
upon the questions raised in the appeal.

We accordingly dismiss the
present case.

Without costs.

SO ORDERED.

Concepcion, C.J., Reyes,
Dizon, Makalintal, Zaldivar, Castro, Angeles and Fernando, JJ., concur.

^[1]
Civil Case No. 266-7581.

^[2]
Record on Appeal, p. 173.