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Sarmiento et al. vs. Tuico, et al.

CATALINO N. SARMIENTO and 71 other striking workers of ASIAN TRANSMISSION CORPORATION, petitioners, vs. THE HON. JUDGE ORLANDO R. TUICO of the Municipal Trial Court of Calamba, Laguna, ROBERTO PIMENTEL, NELSON C. TEJADA, and the COMMANDING OFFICER, 224th PC Company at Los Ba?os, Laguna, respondents.

G.R. No. 75271-73 | 1988-06-27

D E C I S I O N


CRUZ, J.:

Two basic questions are presented in these cases, to wit:

1. Whether or not a return-to-work order may be validly issued by the National Labor Relations Commission pending determination of the legality of the strike; and

2. Whether or not, pending such determination the criminal prosecution of certain persons involved in the said strike may be validly restrained.

The first issue was submitted to the Court in G.R. No. 77567, to which we gave due course on July 1, 1987. 1 The case arose when on May 7, 1986, petitioner Asian Transmission Corporation terminated the services of Catalino Sarmiento,...