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HBILU vs. HongKong and Shanghai Bangking Corp. [DISSENTING OPINION, LEONEN, J.]

HONGKONG BANK INDEPENDENT LABOR UNION (HBILU), PETITIONER, VS. HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED, RESPONDENT.

G.R. No. 218390 | 2018-02-28

DISSENTING OPINION

LEONEN, J.:

I dissent from the ponencia insofar as it accords primacy to the Collective Bargaining Agreement over the Financial Assistance Plan approved by the Bangko Sentral ng Pilipinas. A collective bargaining agreement cannot amend laws, regulations, or policies, especially when it involves the banking industry, which is impressed with public interest.

This is a Petition for Review on Certiorari under Rule 45 questioning the Decision dated October 23, 2014 and Resolution dated May 21, 2015 of the Court of Appeals, which ruled as valid the requirement of an external credit check before the approval of an...