3. Consent Election

Consent Election

Concept

A consent election is an election voluntarily agreed upon by the contending labor organizations to determine which, if any, will represent employees in an appropriate bargaining unit. It rests on the parties’ agreement, rather than an order directing a certification election. (Department Order No. 40-03, Rules Implementing Book V of the Labor Code)

Governing provisions

The Labor Code provisions on representation elections protect the employees’ choice of bargaining representative. In an organized establishment, a petition questioning the incumbent union’s majority status is governed by the freedom-period rules. The employer, whether or not it filed the petition, is not a party with a right to oppose it; its participation is limited to receiving notice and submitting the employee list at the pre-election conference when required. (Executive Order No. 111, as amended by Labor Code)¹ (Art. 258-A, Labor Code)²

Requisites / Rules

• The contending labor organizations must agree to hold the election. An election ordered by the Med-Arbiter despite opposition is a certification election, not a consent election. (Department Order No. 40-03, Rules Implementing Book V of the Labor Code)
• The vote must concern an appropriate bargaining unit. The controlling consideration in identifying that unit is whether the grouping best enables employees to exercise their collective bargaining rights, taking account of their community or mutuality of interest. (Holy Child Catholic School v. Sto. Tomas, G.R. No. 179146, 23 July 2013)³
• Where the election is conducted under the rules for representation elections, distinguish voter turnout from the votes needed to select a representative: a majority of eligible voters must vote for a valid election, and the winning union must obtain a majority of the valid votes cast. (Executive Order No. 111, as amended by Labor Code)¹

Distinctions

Consent describes how the election comes about: the contending unions agree to it. Certification election describes the statutory proceeding for determining the exclusive bargaining representative. Do not mistake consent to hold an election for employees’ written support of a petition, or for consent to recognize a union without a vote. (Department Order No. 40-03, Rules Implementing Book V of the Labor Code) (Executive Order No. 111, as amended by Labor Code)¹

Key doctrines

The employees’ free choice remains paramount. Election rules on eligibility, ballot classification, and the required majorities must be applied consistently; a ballot counted for voter participation cannot arbitrarily be excluded when computing the majority of valid votes cast. (G.R. No. 263812, 24 February 2026)⁴

Bar tip

First identify whether the unions agreed to the election or the Med-Arbiter ordered it. Then identify the bargaining unit and apply the proper voting rules; the employer cannot oppose the proceeding as a party. (Department Order No. 40-03, Rules Implementing Book V of the Labor Code) (Holy Child Catholic School v. Sto. Tomas)³ (Art. 258-A, Labor Code)²