ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
December-1949 Jurisprudence                 

  • G.R. No. L-2502 December 1, 1949 - PROVINCIAL FISCAL OF ILOCOS NORTE v. CEFERINO DE LOS SANTOS, ET AL

    085 Phil 77

  • G.R. No. L-2836 December 6, 1949 - ENGRACIA G. DE PONCE v. ALICIA VASQUEZ SAGARIO, ET AL

    085 Phil 79

  • G.R. No. L-2466 December 7, 1949 - PEOPLE OF THE PHIL. v. ANTONIO TUAZON

    085 Phil 85

  • G.R. No. L-2580 December 7, 1949 - PABLO RICOHERMOSO v. JUAN P. ENRIQUEZ, ET AL

    085 Phil 88

  • G.R. No. L-2593 December 7, 1949 - FELIX AZOTES v. MANUEL BLANCO, ET AL

    085 Phil 90

  • G.R. No. L-2652 December 7, 1949 - JULIA LORENZO, ET AL v. MUNICIPAL COUNCIL OF NAIC, ET AL

    085 Phil 92

  • G.R. No. L-2758 December 7, 1949 - CLARO J. GIL, ET AL v. F. IMPERIAL REYES, ET AL

    085 Phil 97

  • G.R. No. L-3452 December 7, 1949 - NACIONALISTA PARTY v. FELIX ANGELO BAUTISTA

    085 Phil 101

  • G.R. No. L-3474 December 7, 1949 - NACIONALISTA PARTY v. VICENTE DE VERA

    085 Phil 126

  • G.R. No. L-2354 December 13, 1949 - ALFONSO ARANETA v. MARTA CUI VDA. DE SANSON

    085 Phil 142

  • G.R. No. L-2672 December 13, 1949 - UNIVERSITY OF SANTO TOMAS v. BUENAVENTURA OCAMPO, ET AL

    085 Phil 144

  • G.R. No. L-3521 December 13, 1949 - NACIONALISTA PARTY ET AL. v. COMELEC

    085 Phil 149

  • G.R. No. L-2722 December 15, 1949 - NICOLAS LIZARES & CO. v. BIENVENIDO TAN

    085 Phil 159

  • G.R. No. L-2802 December 23, 1949 - ROSA PASCUAL, ET AL v. BIENVENIDO A. TAN, ET AL

    085 Phil 164

  • G.R. No. L-2936 December 23, 1949 - TIDE WATER ASSOCIATED OIL CO. v. VICTORY EMPLOYEES, ET AL

    085 Phil 166

  • G.R. No. L-867 December 29, 1949 - ANTONIO DEL ROSARIO ET AL. v. CARLOS SANDICO ET AL.

    085 Phil 170

  • G.R. No. L-1349 December 29, 1949 - H. D. KNEEDLER v. SIMON PATERNO

    085 Phil 183

  • G.R. No. L-1773 December 29, 1949 - ALEJANDRO ANDRES, ET AL v. COURT OF APPEALS, ET AL.

    085 Phil 192

  • G.R. No. L-1811 December 29, 1949 - GREGORIO BALVERAN, ET AL v. COURT OF APPEALS

    085 Phil 199

  • G.R. No. L-1877 December 29, 1949 - H. P. HOSKYNS v. NAT’L. CITY BANK OF NEW YORK

    085 Phil 201

  • G.R. No. L-1965 December 29, 1949 - EDUARDO OSORIO v. MARINA OSORIO

    085 Phil 209

  • G.R. No. L-2020 December 29, 1949 - LA ORDEN DE PADRES BENEDICTINOS DE FILIPINAS v. PHIL. TRUST CO.

    085 Phil 217

  • G.R. No. L-2360 December 29, 1949 - GAVINO ALDAMIZ v. JUDGE OF THE COURT OF FIRST INSTANCE OF MINDORO, ET AL

    085 Phil 228

  • G.R. No. L-2404 December 29, 1949 - FABIAN B. S. ABELLERA v. FELICIANO GARCIA

    085 Phil 237

  • G.R. No. L-2634 December 29, 1949 - PACIFIC IMPORTING & EXPORTING CO. v. CATALINO TINIO, ET AL

    085 Phil 239

  • G.R. No. L-2570 December 29, 1949 - BACHRACH MOTOR CO. v. RURAL TRANSIT EMPLOYEES’ ASSO.

    085 Phil 242

  • G.R. No. L-2678 December 29, 1949 - ANTONIO C. ARAGON v. MARCOS JORGE

    085 Phil 246

  • G.R. No. L-2717 December 29, 1949 - IRINEO FACUNDO v. BIENVENIDO A. TAN ET AL.

    085 Phil 249

  • G.R. No. L-2752 December 29, 1949 - URBANO OLAVARIO ET AL. v. JUAN T. VILLANUEVA

    085 Phil 254

  • G.R. No. L-2842 December 29, 1949 - JOSE T. VALMONTE, ET AL v. MARIANO NABLE, ET AL

    085 Phil 256

  • G.R. No. L-2850 December 29, 1949 - ONG KIM PAN, ET AL v. FRANCISCO GERONIMO, ET AL

    085 Phil 261

  • G.R. No. L-2942 December 29, 1949 - SILVESTRA COQUIA, ET AL v. RODOLFO BALTAZAR, ET AL

    085 Phil 265

  • G.R. No. L-3039 December 29, 1949 - VICTORIO REYNOSO, ET AL v. VICENTE SANTIAGO, ET AL

    085 Phil 268

  • G.R. No. L-3261 December 29, 1949 - HECTOR G. PALILEO v. FRED RUIZ CASTRO, ET AL

    085 Phil 272

  • G.R. No. L-2529 December 31, 1949 - J. A. SISON v. BOARD OF ACCOUNTANCY, EZT AL

    085 Phil 276

  • G.R. No. L-2720 December 31, 1949 - HEMANDAS UDHARAM v. RAFAEL DINGLASAN

    085 Phil 284

  • G.R. No. L-2893 December 31, 1949 - AGRIPINO JIMINEZ, ET AL v. EUSEBIO F. RAMOS

    085 Phil 286

  •  





     
     

    G.R. No. L-2570   December 29, 1949 - BACHRACH MOTOR CO. v. RURAL TRANSIT EMPLOYEES’ ASSO. <br /><br />085 Phil 242

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-2570. December 29, 1949.]

    THE BACHRACH MOTOR CO., INC., owners and operators of the "Rural Transit,", Petitioner, v. RURAL TRANSIT EMPLOYEES’ ASSOCIATION, and the COURT OF INDUSTRIAL RELATIONS, Respondents.

    Arnaldo J. Guzman and Jose H. Simpao for Petitioner.

    Teodoro P. Santiago and Emiliano C. Tabigne for Respondents.

    SYLLABUS


    1. COURT OF INDUSTRIAL RELATIONS; JUDGMENTS; FINALITY OF FINDINGS OF FACT. — The findings of fact of the Court of Industrial Relations are conclusive upon the Supreme Court in the absence of a clear abuse of discretion.

    2. ID.; JURISDICTION; INTERPRETATION OF AGREEMENT BETWEEN PARTIES WHICH HAS THE FORCE OF DECISION OR AWARD. — Whenever a doubt shall arise as to the meaning or interpretation of an award, order or decision of the Court of Industrial Relations, any interested party may petition the Court to determine such meaning or interpretation and the Court, upon receiving such petition, shall set a date for the hearing of the case and shall dispose of the same as soon as practicable.


    D E C I S I O N


    OZAETA, J.:


    Pablo Reyes, employed by the Rural Transit as a chauffeur of one of its buses, was, on May 8, 1948, dismissed from the service as of March 23, 1948, when he was suspended. The Rural Transit Employees’ Association, of which he was a member, petitioned the Court of Industrial Relations to order his reinstatement and to require the Rural Transit to pay his wages from the day of his suspension until he is reinstated. The Court granted the petition, and the Bachrach Motor Co., Inc., as owner and operator of the Rural Transit, has brought up the case to this court by certiorari.

    It appears that on January 20, 1948, the Bachrach Motor Co., Inc., and the Rural Transit Employees’ Association entered into a written agreement wherein they stipulated various terms and conditions under which the employees agreed to work for the Rural Transit, effective during the year 1948. That agreement was submitted by the parties to the Court of Industrial Relations in case No. 142 of said court, entitled "Rural Transit Employees’ Association, Petitioner, v. Rural Transit, owned and operated by the Bachrach Motor Co., Inc., respondent," together with a joint petition praying that said agreement be approved and that the parties be joined and required to observe the terms and conditions thereof. In an order dated February 3, 1948, the court approved said agreement and enjoined the parties to comply with and observe strictly the terms and conditions thereof, "which, as between the parties, shall have the same effect as a decision or award by this court." Paragraphs 11 and 16 of said agreement read as follows:jgc:chanrobles.com.ph

    "11. That the dismissal of employees or of any employee shall be subject to the approval of the Court of Industrial Relations as the case may be. Furthermore, suspension shall not last for more than one week and in case of exoneration, he shall be paid his full salary corresponding to the period of his suspension or the case should be elevated to the Court of Industrial Relations."cralaw virtua1aw library

    "16. That it is hereby further agreed that any employee or worker of the Rural Transit who, upon proper investigation, is found misappropriating funds or income of the PARTY OF THE FIRST PART in any form or manner, or who willfully violates the reasonable rules and regulations governing the operation of the Rural Transit, shall be separated from the service immediately."cralaw virtua1aw library

    Petitioner contended that the dismissal was in accordance with paragraph 16, while respondents contended that it was in violation of paragraph 11.

    Petitioner’s contention was predicated on the allegation that Pablo Reyes, the employee involved, was guilty of a violation of the rules and regulations against reckless driving and overspeeding in that on March 23, 1948, bus No. 151 driven by him fell into a ditch through his recklessness and that he had drunk liquor prior to the accident; whereas the said employee contended that the happening was purely accidental and beyond his control.

    After considering the oral and documentary evidence presented by both parties during the hearing, the Court of Industrial Relations found that at the time of the accident the bus was running at a speed of about 45 to 50 kilometers per hour; that when the bus approached a culvert located between the barrios of Bascaran and Tuao of the towns of Solano and Bagabag, Nueva Vizcaya, the driver slowed his speed down to about 40 to 45 kilometers per hour; that upon passing said culvert the driver felt a jerk and heard a crack from the springs of the left front wheel, followed by the jumping of the front wheels; that the bus swerved to the right when it got out of control; that the driver applied the brakes slightly and then released it later in order to avoid the bus’s toppling over to the right canal of the national highway; that it struck a carabao hole about 60 centimeters deep and the impact dented the front axle, smashed the gasoline tank and fuel pump, and damaged other parts of the bus; that on investigation it was found that the left front wheel mainsprings were broken and that the steering control became inoperative because of this breakage. The court further found that Pablo Reyes was one of the 16 prewar drivers who were recalled to the service after the liberation and that because of his experience as bus driver, bus No. 151, a new model, was assigned to him. The court also found that there was no satisfactory showing that Driver Pablo Reyes was drunk or was observed to be in a state of drunkenness on the day of the accident. "On the contrary," the court found, "the aforesaid driver employed reasonable precaution and maneuver to avert the said accident, a clear manifestation of his experience and adeptness in handling trucks or buses." The court concluded that the driver was not to blame, and that the happening was an ordinary accident usually occurring on the highways, specially on rough roads.

    Those findings of fact, although disputed by petitioner, are conclusive upon this court in the absence of a clear abuse of discretion.

    Petitioner contends that the Court of Industrial Relations had no jurisdiction to hear and decide the case because it was not an industrial dispute but at most only a breach of contract. We find no merit in this contention because, in our view, the case involves the interpretation and enforcement of an agreement between the parties which has the force and effect of a decision or award of the Court of Industrial Relations. That agreement and the resulting award or decision of the Court of Industrial Relations were made precisely to avoid an industrial dispute which was likely to cause a strike or lockout. Under said agreement the dismissal of an employee was subject to the approval of the Court of Industrial Relations. The petitioner violated it by dismissing Pablo Reyes without seeking the approval of said court. Paragraph 16 of the agreement invoked by the petitioner must be interpreted in harmony with paragraph 11. In other words, although the petitioner may immediately dismiss an employee found guilty of misappropriating funds of the company or who wilfully violates the reasonable rules and regulations governing its operation, such dismissal is not final but subject to review by the Court of Industrial Relations. Section 18 of Commonwealth Act No. 103 provides that "whenever a doubt shall arise as to the meaning or interpretation of an award, order or decision of the Court of Industrial Relations, any interested party may petition the Court to determine such meaning or interpretation and the Court, upon receiving such petition, shall set a date for the hearing of the case and shall dispose of the same as soon as practicable."cralaw virtua1aw library

    Having found that the dismissal was unjustified, the court did not err in ordering the payment of back wages.

    The Court of Industrial Relations did not base its decision on the fact that the chauffeur involved had not been prosecuted for and convicted of a violation of the Motor Vehicle Law but on its own finding from the evidence that he was not to blame for the accident. It merely mentioned the lack of such conviction to reinforce its finding a superfluity, in our opinion. Hence petitioner’s last assignment of error is likewise devoid of merit.

    The appealed decision is affirmed, with costs against the petitioner.

    Moran, C.J., Paras, Pablo, Bengzon, Padilla, Tuason, Montemayor, Reyes and Torres, JJ., concur.

    G.R. No. L-2570   December 29, 1949 - BACHRACH MOTOR CO. v. RURAL TRANSIT EMPLOYEES’ ASSO. <br /><br />085 Phil 242


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED