107 Intl Hardwood - Veneer Co. v. Pangil Federation

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[107] INT’L HARDWOOD CO. v.

PANGIL FEDERATION OF LABOR 4) The rate of wages for the mountain camps should be higher by 20% over
G.R No. 47178 | Nov. 25, 1940 | Laurel, J. those given in the town.
● In deciding demands 2 and 4, Hon. Leopoldo Rovira, one of the judges of the
SUMMARY: Pursuant to demands by the employees of petitioner company, the Court of Industrial Relations, rendered the ff adjudication:
Court of Industrial Relations ordered the petitioner to pay its employees in the min. o [translated from Spanish] The claims under 2 & 4 are justified in part.
wages that the Court set. Petitioners argued that the Court has no authority to The Court orders the company to pay its workers as fair and
determine min. wages under Sec. 4, CA No. 103, as it would be an undue delegation reasonable wage an amount not less than P1 per day for those who
of legislative power, so the section is unconstitutional and void. SC held that the work in the mountains and not less than P0.90 per day for those who
grant of power is constitutional. The Court of Industrial Relations has the power to work on the plains, based on 8 hours per day, with an exclusion of
settle all questions, matters, controversies, or disputes arising between, and/or overtime, no less than 25% on the day as set.
affecting employers and employees, to achieve the objective of CA No. 103. There ● The petitioner filed a MR with the Court of Industrial Relations en banc.
was also a sufficient standard by which the court will be guided in exercising its ● While the MR was pending resolution, petitioner filed a motion praying that said
discretion (Sec. 20, CA No. 103), so there is no undue delegation of legislative Court hold itself without jurisdiction to decide the question relating to demands 2
power. and 4, alleging:
o That the Court of Industrial Relations has no authority to determine
TOPIC: Judicial Determination of Sufficiency of Standards > Justice, equity and min. wages for an individual employer in connection with a particular
substantial merits of the case and specific industrial dispute under Sec. 4, CA No. 103
DOCTRINE: o Such authority would constitute an undue delegation of legislative
● It is fundamental that the intention and policy of the National Assembly, as power to the Court of Industrial Relations and would deny the
expressed in the enactment, should be effectuated, and the Act should receive a petitioner the equal protection of the laws, rendering said provision
construction that will lead to this result. unconstitutional and void.
● Sec. 20, CA No. 103 prescribes that in the hearing, investigation and ● Court of Industrial Relations en banc denied the MR and the motion. Hence, this
determination of any question or controversy and in exercising any duties and petition for certiorari.
power under this Act, the court shall act according to justice and equity and
substantial merits of the case, without regard to technicalities or legal ISSUES w/ HOLDING & RATIO
forms. 1. W/N Court of Industrial Relations has the power to determine min. wages for an
● With the growing complexity of modern life, the multiplication of the subjects of individual employer in connection with an industrial dispute under Sec. 4, CA
governmental regulation, and the increased difficulty of administering the laws, No. 103 – YES
there is a constantly growing tendency toward the delegation of greater powers a. (if yes to #1) W/N such grant of power is unconstitutional and void - NO
by the legislature, and toward the approval of the practice by the courts.
Petitioner contends:
PROVISIONS APPLICABLE: In notes and ratio ● In granting the Court of Industrial Relations general power to decide any
industrial dispute under Sec. 4, CA No. 103, the National Assembly could not
FACTS: have granted, within such general power, authority to decide a matter which has
● Sec. of Labor certified to the Court of Industrial Relations that an industrial been made determinable in another specific manner.
dispute between the petitioner and some of its employees who are members of ● If Sec. 4, CA No. 103 is held to empower the Court of Industrial Relations to
respondent union, and that the controversy was a proper one to be dealt with by determine min. wages in connection with an industrial dispute, the section is
said Court in the public interest under Sec. 4, CA No. 103 (in RATIO). unconstitutional for being an undue delegation of legislative power.
● The min. wage paid by petitioner to its employees was P0.70 a day, regardless o The determination of min. wages is a legislative function.
of whether the laborer was employed in the poblaciones of the towns of Pangil o Sec. 4, CA No. 103 "does not indicate in what manner, by what
and Famy, or in the mountain camps. standards, or in accordance with what rules, the Court of Industrial
● The respondent made demands to the petitioner: Relations shall determine minimum wages under said section."
2) Set min. daily wages of common laborers at P1 ● The determination of min. wages for each and every employer in a given locality
3) Devise a proper schedule of rate of wages for all laborers or given industry has been specifically provided for in Sec. 5, CA No. 103 (see
NOTES).
claimed or demands made by the parties to the industrial or agricultural
Court: dispute, but may include in the award, order or decision any matter or
● Under the provisions of Sec. 5, CA No. 103, min. wages are determinable in determination which may be deemed necessary or expedient for the
reference to a given industry or given locality, which should be of general purpose of settling the dispute or of preventing further industrial or
application and have the force and effect of law, after approval by the President. agricultural dispute.”
o This does not contemplate the arbitration and settlement of industrial or ● If following petitioner’s view, if an industrial dispute between an employer and its
agricultural disputes causing or likely to cause a strike or lockout, and employees causing or likely to cause a strike/lockout arises from differences in
is designed merely to provide for a workable device whereby a scheme min. wage, the Court of Industrial Relations would have no authority to take
of min. wage or share for laborers or tenants in a given industry or cognizance of the dispute for arbitration and settlement unless the President,
locality may be evolved, whenever conditions therein warrant. under Sec. 5, CA No. 103, directs it to investigate and study all pertinent facts
o CA No. 103 as originally drafted did not contain Sec. 5. The section related to the industry concerned, to determine the necessity and fairness of
was originally embodied in a separate bill, which provides for a fixing a min. wage which shall apply generally to all the employers engaged in
workable device by which a min. wage for laborers and a min. share for such industry.
tenants may be fixed and accepted in a given industry or factory, o To adopt such a narrow construction would be to disregard the plenary
whenever conditions therein warrant. powers conferred upon the Court and to frustrate the very objective of
● On the other hand, Sec. 4, CA No. 103 and other sections complementing it is the law (to create an instrumentality through which the intervention of
designed to provide for compulsory arbitration in order to prevent non-pacific the Government could be made effective in order to prevent non-pacific
methods in the determination of industrial and agricultural disputes. methods in the determination of industrial or agricultural disputes).
o [translated from Spanish] This bill creates an Industrial Relations Board o It is fundamental that the intention and policy of the National
and provides mandatory arbitration in accordance with article 6, Title Assembly, as expressed in the enactment, should be effectuated,
XIII of the Consti, which provides that 'The state may establish and the Act should receive a construction that will lead to this
mandatory arbitration.” result.
● Policy: [translated from Spanish] It was observed that in the existing legislation
(Act. 4055), there is no adequate instrument to prevent strikes. The Department [TOPIC] Re: undue delegation of legislative power
of Labor merely plays the role of peacemaker between the parties to dispute ● Sec. 20, CA No. 103 prescribes that in the hearing, investigation and
and its decisions are not binding on employers or workers. The people have determination of any question or controversy and in exercising any duties and
been left to a degree of industrial development, which makes it imperative that power under this Act, the court shall act according to justice and equity and
the government’s intervention in these conflicts be more effective (Ang Tibay et substantial merits of the case, without regard to technicalities or legal
al. v. Court of Industrial Relations et al.) forms.
● CA No. 103 provided for means towards the realization of this declaration of o With this section, the National Assembly has furnished a sufficient
policy. Powers of the Court of Industrial Relations: standard by which the court will be guided in exercising its discretion
o Sec. 4: Court of Industrial Relations is empowered to "take cognizance for in the determination of any question/controversy before it.
purposes of prevention, arbitration, decision, and settlement, of any o The discretionary power thus conferred is judicial in character and
industrial or agricultural dispute causing or likely to cause a strike or does not infringe upon separation of powers, the prohibition against
lockout, arising from differences as regard wages, shares or compensation, delegation of legislative function, and the equal protection clause.
dismissals, lay-offs, or suspensions of employees or laborers, tenants or ● Separation of powers is designed to secure action and forestall over action from
farm-laborers, hours of labor, or conditions of tenancy or employment, undue concentration of powers, and thereby obtain efficiency and prevent
between employers and employees or laborers and between landlords and despotism. As a corollary, we find the rule prohibiting delegation of legislative
tenants or farm-laborers. authority, wherein legislative power must be exercised by the legislature alone.
o Sec. 1: the court has "jurisdiction over the entire Philippines, to consider, o However, in the development of the principle of separation of powers,
investigate, decide, and settle all questions, matters, controversies, or the maxim of delegatus non potest delegare (one to whom power is
disputes arising between, and/or affecting employers and employees or delegated cannot himself further delegate that power) or delegata
laborers, and landlords and tenants or farm-laborers, and regulate the
potestas non protest delegari (no delegated powers can be further
relations between them, subject to the provisions of this Act.
delegated) has been made to adapt itself to the complexities of modern
o Sec. 13: "in making an award, order or decision, under the provisions of
section four of this Act, the court shall not be restricted to the specific relief
governments, giving rise to the adoption, within certain limits, of the the work and the amount or degree of skill, training, experience and knowledge required and
principle of subordinate legislation. shall fix for each class or group a minimum wage or compensation. In like manner, it may
● With the growing complexity of modern life, the multiplication of the subjects of classify or group the tenants or lessees according to the kind of work they perform, the terms of
the contract with the landowners and the productivity of the lands they occupy, and shall fix
governmental regulation, and the increased difficulty of administering the laws,
their minimum share in the crop or the maximum "canon" or rental to be paid to the landowners.
there is a constantly growing tendency toward the delegation of greater powers After such minimum wage or share or maximum 'canon* or rental has been
by the legislature, and toward the approval of the practice by the courts. tentatively fixed by the court, the court shall order the publication of such tentative decision in
three successive issues of two newspapers of general circulation in the locality or localities
RULING: petition DENIED. affected, one published in English and another in Spanish. All parties not agreeing to such
tentative decision may, within forty-five days after the first publication submit to the court their
NOTES: written objections. With due consideration to such objections, and after the expiration of the
Sec. 5, CA No. 103 period given to question such tentative decision, the Court shall adopt a final minimum wage or
SEC. 5. Minimum wage and maximum 'canon' or rental.— Whenever conditions in a given share or maximum 'canon' or rental, which shall, with the approval of the President of the
industry or in a given locality so warrant, and in the interest of public welfare and for the Philippines, be binding upon everyone concerned and shall have the force and effect of law
promotion of industrial peace and progress, the President of the Philippines shall direct the thirty days after the approval by the President duly promulgated in an executive proclamation.
Court of Industrial Relations to investigate and study all pertinent facts related to the industry
concerned or to the industries established in a designated locality, with a view to determining
the necessity and fairness of fixing and adopting for such industry or locality a minimum wage
or share of laborers or tenants, or a maximum 'canon' or rental to be paid by the 'inquilinos/ or
tenants or lessees to landowners.
In order to determine the necessity and fairness of adopting such measures, and in
order to arrive at a proper, just, and reasonable minimum wage or share or maximum 'canon' or
rental, the court shall make a careful examination of the amount of capital invested in the
industry or industries concerned, the number of laborers employed, the costs of production,
insurance and transportation, market prices, benefits or gains derived or losses suffered or
expected, wages and shares as well as other income of laborers and tenants, minimum cost of
living and labor conditions in general, and such other factors and circumstances as may, in its
opinion, be necessary to fairly and adequately ac- complish the purpose of the investigation.
After such an examination, and after the Court is satisfied of the necessity and
fairness of fixing and adopting a minimum wage or share or maximum 'canon' or rental, for such
locality or industry, it shall tentatively fix such minimum wage or share or maximum 'canon' or
rental as would give the workingmen a just compensation for their labor a'nd an adequate
income to meet the essential necessities of civilized life, and at the same time allow the capital
a fair return on its investment.
When determining a minimum wage or share for laborers and tenants engaged in a
given industry, the Court may, in its discretion, taking into account the conditions prevailing in
the different localities where such industry is carried on, fix different minimum wages or shares,
according to localities or fix different minimum wages or shares according to the industries
existing in that locality.
A minimum wage or share shall be determined and fixed for laborers working by the
hours, day or month, or by piece work, and for tenants sharing in the crop or paid by
measurement unit. Unless otherwise expressly provided in the order fixing a minimum wage, a
minimum wage in industrial or manufacturing enterprises shall be understood to be fixed on the
basis of eight hour daily labor, and employees and laborers working in excess of such number
of hours shall be entitled to a proportionate increase in their wages.
The Court may, by so specifically providing in its order fixing a minimum wage,
exclude apprentices from the provisions thereof, but the number of such apprentices in an
industrial firm, or labor establishment shall not exceed twenty per centum of the total number of
laborers employed therein.
Insofar as possible, and when deemed necessary to better carry out the provisions of
this Act, the Court may classify or group the laborers according to the kind and importance of

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