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
 

   
January-1957 Jurisprudence                 

  • G.R. No. L-9542 January 11, 1957 - PLARIDEL SURETY & INSURANCE CO. v. P. L. GALANG MACHINERY CO.

    100 Phil 679

  • G.R. Nos. L-10360 & L-10433 January 17, 1957 - JULIANO A. ALBA v. JOSE D. EVANGELISTA

    100 Phil 683

  • G.R. No. L-7909 January 18, 1957 - CIPRIANO E UNSON v. ARSENIO H. LACSON

    100 Phil 695

  • G.R. No. L-9704 January 18, 1957 - LORENZO LLANOS v. CLAUDIO SIMBORIO, ET AL.

    100 Phil 707

  • G.R. No. L-8346 January 22, 1957 - PEOPLE OF THE PHIL. v. PROCESO BINSOL

    100 Phil 713

  • G.R. No. L-8645 January 23, 1957 - PORT MOTORS v. FELIPE RAPOSAS

    100 Phil 732

  • G.R. No. L-8896 January 23, 1957 - EARNSHAW DOCKS & HONOLULU IRON WORKS v. COURT OF INDUSTRIAL RELATIONS, ET AL.

    100 Phil 742

  • G.R. No. L-9660 January 23, 1957 - FIDEL AMANTE v. JUAN P. ENRIQUEZ

    100 Phil 748

  • G.R. No. L-9442 January 28, 1957 - URBANA D. ANZURES v. FIDEL IBAÑEZ

    100 Phil 752

  • G.R. No. L-8169 January 29, 1957 - SHELL COMPANY OF THE PHILIPPINES v. FIREMEN’S INSURANCE COMPANY OF NEWARK

    100 Phil 757

  • G.R. No. L-9044 January 29, 1957 - PEOPLE OF THE PHIL. v. PONCIANO ARPON

    100 Phil 765

  • G.R. No. L-9507 January 29, 1957 - GONZALO N. RUBIC v. Auditor General

    100 Phil 772

  • G.R. No. L-9633 January 29, 1957 - EMILIO SORIANO v. ANTONIO ASI

    100 Phil 785

  • G.R. No. L-7586 January 30, 1957 - NARCISA B. DE LEON v. NATIONAL LABOR UNION

    100 Phil 789

  • G.R. No. L-8613 January 30, 1957 - LA MALLORCA TAXI v. ROMAN GUANLAO

    100 Phil 792

  • G.R. No. L-9195 January 30, 1957 - CITY OF MANILA v. MANILA REMNANT CO.

    100 Phil 796

  • G.R. No. L-9621 January 30, 1957 - ANG BENG v. COMMISSIONER OF IMMIGRATION

    100 Phil 801

  • G.R. No. L-9666 January 30, 1957 - STANDARD-VACUUM OIL CO. v. KATIPUNAN LABOR UNION

    100 Phil 804

  • G.R. No. L-7030 January 31, 1957 - PEOPLE OF THE PHIL. v. HILARIO MENDOVA

    100 Phil 811

  • G.R. No. L-7846 January 31, 1957 - RAFAEL LITAM v. REMEDIOS ESPIRITU

    100 Phil 819

  • G.R. No. L-8685 January 31, 1957 - COLLECTOR OF INTERNAL REVENUE v. AURELIO P. REYES, ET AL.

    100 Phil 822

  • G.R. No. L-8960 January 31, 1957 - GERONIMO DE LOS REYES v. MARIA B. CASTRO

    100 Phil 831

  • G.R. No. L-9126 January 31, 1957 - ASIA BED FACTORY v. NATIONAL BED AND KAPOK INDUSTRIES WORKERS’ UNION

    100 Phil 837

  • G.R. No. L-10058 January 31, 1957 - SEVERO ASUNCION v. JUAN BENALISA

    100 Phil 840

  • G.R. No. L-10998 January 31, 1957 - BERNARDINO O. ALMEDA v. FERNANDO SILVOSA, ET AL.

    100 Phil 844

  •  





     
     

    G.R. No. L-9126   January 31, 1957 - ASIA BED FACTORY v. NATIONAL BED AND KAPOK INDUSTRIES WORKERS’ UNION<br /><br />100 Phil 837

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-9126. January 31, 1957.]

    ASIA BED FACTORY, Petitioner-Appellee, v. NATIONAL BED AND KAPOK INDUSTRIES WORKERS’ UNION, ET AL., Respondents-Appellants.

    Paredes, Gaw, Acevedo & Associates for Appellee.

    Cipriano Cid & Associates for appellants.


    SYLLABUS


    1. EMPLOYER AND EMPLOYEE; COLLECTIVE BARGAINING AGREEMENT; IMPOSSIBLE OF PERFORMANCE, BLUE SUNDAY LAW. — Where the collective bargaining agreement between employer and employee provides among other things for mutual prestation in that employees now paid in the monthly basis shall be paid under said agreement on the daily basis at rates based on their present compensation plus the additional increase of (P0.30) thirty centavos a day, with the understanding that these employees shall be provided with work on Sundays at time and one-half and that in the event no work on Sundays is available through no fault of the employees, they shall be entitled to payment of the equivalent of their wages as if they had performed work on that day. However, when the Blue Sunday Law which prohibits the opening of commercial and industrial establishments on Sunday was enforced, prestation became impossible of performance. Held: That the employer is relieved from complying with its agreement to pay laborers Sunday wages.


    D E C I S I O N


    REYES, A., J.:


    On June 2, 1953, the petitioner Asia Bed Factory and respondent labor union entered into a collective bargaining agreement which contained, among other things, the following clause:jgc:chanrobles.com.ph

    "XI. PAYMENTS FROM MONTHLY TO DAILY.

    "Employees now paid on the monthly basis shall be paid under this agreement on the daily basis at rates based on their present compensation plus the additional increase of (0.30) THIRTY CENTAVOS a day, with the understanding that these employees shall be provided with work on Sundays at time and one-half; and that in the event that no work on Sundays is available through no fault of the employees, they shall be entitled to payment of the equivalent of their wages as if they had performed referred for that day. The rates of payment of the employees above referred to shall be computed in the attached document marked as annex "a" and made an integral part of this agreement.

    "In the event that an employee shall absent himself for no excusable reasons, the Company shall be entitled to reduce the corresponding wage or wages."cralaw virtua1aw library

    The petitioner faithfully complied with the terms of the above clause until it was forced to suspend its business on Sundays in obedience to the provisions of Republic Act No. 946, known as the Blue Sunday Law, which took effect on September 8, 1953, prohibiting the opening of any commercial, industrial or agricultural enterprise on Sundays. As some of petitioner’s employees claimed that under the terms of their bargaining agreement they were entitled to their Sunday wages even if they did not work on those days, petitioner filed a petition in the Court of First Instance of Manila for a declaratory judgment that it ceased to be bound by the above-quoted clause of the collective bargaining agreement when the Blue Sunday Law went into effect.

    Without disputing the facts alleged in the petition, the respondent labor union, by way of answer, filed a motion for a summary judgment declaring that petitioner’s employees were entitled to Sunday wages notwithstanding the passage of the Blue Sunday Law.

    On the basis of the pleadings thus filed, the lower court rendered judgment holding that, in view of the provision of the Blue Sunday Law prohibiting the opening of commercial and industrial establishments on Sundays, the petitioner was relieved from compliance with its agreement "to provide it employees with work on Sundays and to pay them for Sundays." Reconsideration of the judgment having been denied, the respondents appealed directly to this Court on a pure question of law.

    The question for determination is whether the approval of the Blue Sky Law relieved petitioner from complying with its agreement to pay its laborers Sunday wages since they can not be given work on Sundays because of the closure of petitioner’s business on those days are required by said law. The lower court answers the question in the affirmative on the ground that the clause in question provided for mutual prestations between the contracting parties — the petitioner to provide its employees with work on Sundays and pay them for such work and the employees to do the work given them on those days — and that these prestations became impossible of performance when the Blue Sunday Law prohibited the opening of commercial and industrial establishments on Sundays.

    To this view we are inclined to agree. The bargaining agreement puts the employees on a daily basis at rates of compensation therein provided, with the express stipulation that work shall be provided on Sundays and at a higher compensation. As the trial court says, payment for Sundays is in return for work done. It is true the agreement provides for the payment of wages on Sundays if no work is made available on those days through no fault of the employees. But the fact is that the agreement does give the employer the right to provide work on Sundays. And it would seem the height of injustice to deprive the employer of this right without, at the same time, relieving him of the obligation to pay the employees.

    Section 6 of the Blue Sunday Law which says that "it shall be unlawful for any employer to reduce the compensation of any of his employees or laborers by reason of the provisions of this Act" does not militate against this view. There is here no attempt on the part of the employer to reduce the compensation of his employees. It is the law itself which in effect reduces that compensation by depriving the employees of work on Sundays, thus preventing them from earning the wages stipulated in the bargaining agreement.

    There is nothing to the contention that to apply the Blue Sunday Law to the present agreement would infringe the constitutional prohibition against the impairment of the obligations of contract. The Blue Sunday Law is intended for the health, well-being and happiness of the working class and is a legitimate exercise of the police power.

    In view of the foregoing, the judgment appealed from is affirmed, without pronouncement as to costs.

    Paras, C.J., Bengzon, Padilla, Montemayor, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Endencia and Felix, JJ., concur.

    G.R. No. L-9126   January 31, 1957 - ASIA BED FACTORY v. NATIONAL BED AND KAPOK INDUSTRIES WORKERS’ UNION<br /><br />100 Phil 837


    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