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The People of the Philippines Islands

Vs. Julio Pomar


G.R. No. L-22008
Facts:

The accused who was the manager and person in charge of La Flor de la
Isabela, a tobacco factory pertaining to La Campania General de Tabacos de
Filipinas, employed a woman named Macaria Fajardo as cigar-maker, whom he
granted vacation for the reason of her pregnancy. However , the accused
unlawfully failed to pay the sum of eighty pesos (Php80) to which she entitled as
her regular wages during her leave corresponding to thirty days before and thirty
days after delivery and confinement as mandated by section 13 act 3071. Section
15 of the punishes whoever violates the said provisions to a fine or imprisonment.
The judge found the defendant guilty of the alledged offense. From that sentence,
the defendant appealed contending that his act did not constitute any offense
because such provision of the Act. No. 3071 isunconstitutional.

Issue:
Whether or not the provisions of section 13 and 15 of Act 3071 is a
constitutionally valid exercise of the police power of the state.

Held/Ruling:
The provisions of sector 13 and 15 were held unconstitutional right to
liberty of the employer and employee in accordance to their own terms. The right
to enter into lawful contracts constitutes one of the liberties provided by the
constitution

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