San Juan De Dios Hospital vs.

NLRC
282 SCRA 316, 1997

Facts:
Petitioners requested respondent through a 4-page letter requesting for the implementation and
payment by respondent of 40 HOURS/5-DAY WORKWEEK with compensable 2 days off provided
for by the RA 5901 and clarified by the Secretary of Labor’s Policy Instructions. Because of the
hospital’s failure to give a favorable response, petitioner filed a complaint.

Issue:
Whether or not the Policy Instructions No. 54 issued by then Labor Secretary Drilon is valid or
not.

Held:
No. The Policy Instruction No. 54 relies on RA 5901. Such however is misplaced for the said
statute has been repealed by the passage of the Labor Code. Accordingly, only Article 83 of the Labor
Code may support the Policy Instructions on which such may be gauged.

A cursory reading of the Article 83 of the Labor Code betrays the position that hospital
employees are entitled to a full weekly salary with paid two days’ off if they have completed the 40-
hour/5-day workweek. What Article 83 provides are: regular office hours of eight hours a day, five
days per week for health personnel and on the 6 th day, such shall be entitled to an additional
compensation of at least 30%. There is nothing in the law which supports the Secretary’s assertion
that when they have completed the 40-hour/5-day workweek. Hence the Secretary exceeded his
authority by including a two days off with pay in contravention of the clear mandate of the statute.