2016 Labor Law, Q10

Lazaro, an engineer, organized a union in Garantisado Construction Corporation (Garantisado) which has 200 employees. He immediately filed a Petition for Certification Election, attaching thereto the signatures of 70 employees. Garantisado vehemently opposed the petition, alleging that 25 signatories are probationary employees, while 5 are supervisors. It submitted the contracts of the 25 probationary employees and the job description of the supervisors. It argued that if 30 is deducted from 70, it gives a balance of 40 valid signatures which is way below the minimum number of 50 signatories needed to meet the alleged 25% requirement. If you are the Director of Labor Relations, will you approve the holding of a Certification Election. Explain your answer. (5%)

Quick check

What is the effect of filing a petition for certification election by a legitimate labor organization in an unorganized establishment?

When does a probationary employee acquire the right to join or assist a labor organization under Philippine labor law?

Which category of employees is disqualified from joining or forming a rank-and-file union?

What does the Bystander Rule state regarding an employer's role in certification election proceedings?

Choices available with full access.

What is the minimum support requirement for filing a petition for certification election in an organized establishment?

Choices available with full access.

Unlock the full Labor Law answers

Learn more about these topics

1. Certification Election
In an unorganized establishment, a certification election is automatically conducted upon the filing of a petition by a legitimate labor organization. The statutory requirement of twenty-five percent support from the bargaining unit is intended to ensure that a substantial portion of employees desires representation. Once a petition filed by a legitimate labor organization meets the legal requirements, the Director of Labor Relations or Med-Arbiter has the duty to order the holding of an election so that employees can freely choose their sole and exclusive bargaining representative.

2. Probationary Employees
Probationary employees possess the constitutional and statutory right to self-organization from their very first day of employment. They are entitled to join, assist, or form labor organizations of their own choosing and may validly sign a petition for certification election alongside regular employees. Consequently, probationary status does not disqualify a worker from being counted as a valid signatory in determining compliance with statutory representation thresholds in a rank-and-file bargaining unit.

3. Bystander Rule
The Bystander Rule dictates that an employer is a complete stranger to a certification election, which is strictly the sole concern of the employees. The employer has no legal standing to oppose, interfere with, or appeal orders involving certification election proceedings, except when directly requested to provide the certified list of voters. Any challenge raised by management regarding signatory qualifications or representation thresholds must be disregarded, as labor law mandates that management maintain a strictly hands-off role.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026