OCEANIC PHARMACAL EMPLOYEES UNION (FFW), PETITIONER, VS. HON. LABOR MINISTER BLAS F. OPLE AND OCEANIC PHARMACAL, RESPONDENTS.

On April 5, 1983, petitioner union staged a strike on issues of unfair
Labor Practice, Union Busting, Refusal by Management to pay the casual
period of retired personnel and Refusal by Management to implement the
medical plan and temporary lay-off.

After several scheduled hearing and conferences, no settlement has been
reached. Respondent Minister of Labor assumed jurisdiction over the
labor dispute and on May 20, 1983, he issued an order requiring all
striking workers to return to work, the dispositive portion of which
reads:

“IN VIEW OF THE FOREGOING, the Minister of Labor and Employment
hereby assumes jurisdiction over the labor dispute at Oceanic Pharmacal
Inc., pursuant to Art. 264 (g) of the Labor Code as amended, all
striking workers are hereby directed to return to work within
seventy-two (72) hours from receipt of this order and management in
turn, shall accept all returning workers under the same terms and
conditions prevailing previous to the work stoppage. The Bureau of
Labor Relations is hereby directed to hear the case and to submit its
recommendation to this Office within 20 working days upon submission of
the dispute for resolution.

“SO ORDERED.”

Petitioner now comes before Us assailing the validity and reasonableness
of the said May 20, 1983 order, and claiming that it will cause serious
and irreparable damage to the strikers should they return to work
considering that the issues thus raised in the strike remained
unresolved.

However, on June 15, 1983, both union and company executed a Memorandum of Agreement which is quoted hereunder:

“MEMORANDUM OF AGREEMENT BETWEEN
OCEANIC PHARMACAL, INC. AND

OCEANIC PHARMACAL EMPLOYEES
ASSOCIATION (FFW)

(RETURN-TO-WORK AGREEMENT)

x – – – – – – – – – — – – – – – – – – — – – – – – — – – – – – -x

The parties hereby agree as follows:

1) All striking employees shall return-to-work immediately not
later than 7:30 A.M. on June 16, 1983 and the Management shall accept
all returning workers under the same terms and conditions prevailing
previous to the work stoppage.

2) The Company agrees to withdraw or set aside the letters of
dismissal sent to OPI employees on May 26, 1983, provided the employees
comply with the Return-to-Work Agreement, particularly paragraph 1
hereof.

3) A financial assistance (vale) in the amount of P750.00
(P400.00 upon return to work and P350.00, one week thereafter) shall be
granted to all returning employees charge able to their future salaries
on installments.

4) The Company shall continue to implement Article 10, Section 1 of the CBA (bank loans).

5) The issue of Medical Plan shall be submitted to further conciliation.

6) The Union shall immediately lift its picket upon the signing of this Agreement.

7) The Union hereby withdraws all Notices of Strike pending in
the Ministry of Labor and Employment subject to the conciliation of the
issue of Medical Plan (paragraph 5 hereof).

8) The parties hereby agree to withdraw all complaints filed
vis-a-vis the other and their respective officers and members that arose
out of the strike.

9) The parties agree to comply with this Return-to-Work Agreement and avoid retaliation against each other.

Manila, Philippines, 15 June 1983

OCEANIC PHARMACAL, INC.	OCEANIC PHARMACAL EMPLOYEES ASSOCIATION (FFW)
BY:	BY:
(SGD.) PATRICIO C. DIONIO	(SGD.) EMERSON SULLANO
	(SGD.) VIRGILIO LEANO
	(SGD.) JULIETA SICAT
	(SGD.) FLORETA CHUA
ASSISTED BY:	ASSISTED BY:
(SGD.) FRANCISCO E. BELMONT	(SGD.) (ILLEGIBLE)
	(SGD.) (ILLEGIBLE)
	ATTESTED BY:
	(SGD.) ATTY. MAXIMO B. LIM
	(Med-Arbiter, BLR-MOLE)”

As a consequence of the aforequoted agreement, the issue raised in the present petition is now rendered moot and academic.

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

SO ORDERED.

Makasiar, (Chairman), Aquino, Concepcion, Jr., Guerrero, Abad Santos, and Escolin, JJ., concur.