TABANGAO SHELL REFINERY EMPLOYEES ASSOCIATION vs. PILIPINAS SHELL PETROLEUM CORPORATION, G.R. No. 170007, April 7, 2014
“x x x.
Third, the petition is improper as it presents questions of fact. A question of fact cannot properly be raised in a petition for review under Rule 45 of the Rules of Court.32 This petition of the union now before this Court is a petition for review under Rule 45 of the Rules of Court.
The existence of bad faith is a question of fact and is evidentiary.33 The crucial question of whether or not a party has met his statutory duty to bargain in good faith typically turns on the facts of the individual case, and good faith or bad faith is an inference to be drawn from the facts.34 Thus, the issue of whether or not there was bad faith on the part of the company when it was bargaining with the union is a question of fact. It requires that the reviewing court look into the evidence to find if indeed there is proof that is substantial enough to show such bad faith.
The issue of whether there was already deadlock between the union and the company is likewise a question of fact. It requires the determination of evidence to find whether there is a "counteraction" of forces between the union and the company and whether each of the parties exerted "reasonable effort at good faith bargaining."35 This is so because a deadlock is defined as follows:
A ‘deadlock’ is x x x the counteraction of things producing entire stoppage; x x x There is a deadlock when there is a complete blocking or stoppage resulting from the action of equal and opposed forces x x x. The word is synonymous with the word impasse, which x x x ‘presupposes reasonable effort at good faith bargaining which, despite noble intentions, does not conclude in agreement between the parties.’36
Considering that the issues presented by the union are factual issues, the union’s petition is improper. As a rule, this Court cannot properly inquire into factual matters in the exercise of its judicial power under Rule 45 of the Rules of Court. While there are exceptions to this rule, none of the exceptions apply in this case.
X x x.”