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SECOND DIVISION

G.R. No. L-67158, 67159, 67160, 67161, & 67162 May 30, 1988

CLLC E.G. GOCHANGCO WORKERS UNION, CORNELIO L. PANGILINAN, LEO TROPACIO, OLIMPIO GUMIN, JUANITO SUBA, ROLANDO SANTOS, RUBEN BUELA, ODILON LISING, REYNALDO DAYRIT, ROGELIO MANGUERRA, ORLANDO NACU, DIOSILINO PERDON, ERNESTO GALANG, ORLANDO PANGILINAN, JESUS SEMBRANO, RENATO CASTANEDA, EDILBERTO BINGCANG, ERNESTO CAPIO, RUFO A. BUGAYONG, RICARDO S. DOMINGO, TERESITO CULLARIN, ISRAEL VINO, ERNESTO RAMIREZ, ROMEO S. GINA, ARNEL CALILUNG, PEDRO A. SANTOS, RODOLFO CAPITLY, BUENAVENTURA B. PUNO, EDILBERTO QUIAMBAO, FERNANDO LISING, ERNESTO M. TUAZON, MARCELO LANGUNSAD, MARCELINO VALERIO, SERAFIN PAWA, JESUS S. DAQUIGAN, and ISMAEL CAYANAN, Petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION (NLRC), and e.g. GOCHANGCO, INC., Respondents.

SARMIENTO, J.:

The cases before the Court pit labor against management, in which, on not a few occasions, it is labor that has cause for complaint.chanroblesvirtualawlibrary chanrobles virtual law library

The Solicitor General states the facts as follows:

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1. Petitioner union is a local chapter of the Central Luzon Labor Congress (CLLC), a legitimate labor federation duly registered with the Ministry of Labor and Employment (MOLE), while the individual petitioners are former employees of private respondent who were officers and members of the petitioner union.chanroblesvirtualawlibrary chanrobles virtual law library

2. Private respondent is a corporation engaged in packing and crating, general hauling, warehousing, sea van and freight forwarding, chanrobles virtual law library

3. Sometime in January 1980, the majority of the rank and file employees of respondent firm organized the e.g. Gochangco Workers Union as an affiliate of the CLLC. On January 23, 1980, the union filed a petition for certification election under R03-LRD (MA) Case No. 178-80. The MOLE Region 111 office set the hearing for the petition on February 27,1980.chanroblesvirtualawlibrary chanrobles virtual law library

4. On February 7,1980, the CLLC national president wrote the general manager of respondent firm informing him of the organization of the union and requesting for a labor management conference to normalize employer-employee relations (Annex "D," Case 486-80).chanroblesvirtualawlibrary chanrobles virtual law library

5. On February 26,1980, the, union sent a written notice to respondent firm requesting permission for certain member officers and members of the union to attend the hearing of the petition for certification election. The management refused to acknowledge receipt of said notice (Annex "E," Case 486-80).chanroblesvirtualawlibrary chanrobles virtual law library

6. On February 28, 1980, private respondent preventively suspended the union officers and members who attended the hearing namely: Cornelio Pangilinan, president; Leo Tropics, vice- president; Olimpio Gumin, treasurer; Buenaventura Puno, director; Reynaldo Dayrit, sgt-at-arms; Ernesto Ramirez; Ernesto Galang; Odilon Lising; Jesus Daquigan; and Edilberto Quiambao. The common ground alleged by private respondent for its action was "abandonment of work on February 27, 1980." On the same date, all the gate passes of all the above-mentioned employees to Clark Air Base were confiscated by a Base guard.chanroblesvirtualawlibrary chanrobles virtual law library

7. Claiming that private respondent instigated the confiscation of their gate passes to prevent them from performing their duties and that respondent firm did not pay them their overtime pay, 13th month pay and other benefits, petitioner union and its members filed a complaint for constructive lockout and unfair labor practice against private respondent, docketed as R03-AB Case No. 486-80 on March 10, 1980.chanroblesvirtualawlibrary chanrobles virtual law library

8. On March 12, 1980, private respondent filed an application for clearance to dismiss Cornelio Pangilinan, Leo Tropics, Olimpio Gumin, Reynaldo Dayrit, Odilon Lising, Edilberto Quiambao; Ernesto Ramirez, Ernesto Galang, Buenaventura Puno, Arnel Calilung, Romeo Guina, docketed as R03-AB Case No. 556-80. Subsequently private respondent filed another clearance to dismiss Jesus Daquigan, Serafin Pawa and Rufo Bugayong, docketed as R03-A-B Case No. 55780.chanroblesvirtualawlibrarychanrobles virtual law library

9. On April 22,1980, petitioner Ricardo Dormingo who was preventively suspended on April 17, 1980 filed a complaint for unfair labor practice against the latter, docketed as R03-AB Case No. 55880.chanroblesvirtualawlibrary chanrobles virtual law library

10. On April 30, 1980, the services of nine (9) more union members, namely: Ernesto Tuason, Israel Vino, Pedro Santos, Juanita Suba, Edilberto Sarmiento, Diosalino Pandan, Antonio Razon, Benjamin Capiz and Jesus Sembrano, were terminated by private respondent on the ground that its contract with the U.S. Air Force had expired. The rune employees filed a complaint for illegal dismissal against private respondents on June 2, 1980. docketed as R03-AB Case No. 663-80.chanroblesvirtualawlibrary chanrobles virtual law library

11. On May 9, 1980, private respondent filed with MOLE, Region III, a Notice of Termination of Contract together with a list of employees affected by the expiration of the contract, among them, the 39 individual petitioners herein.chanroblesvirtualawlibrary chanrobles virtual law library

12. All the aforementioned cases were consolidated and assigned to Labor Arbiter Andres Palumbarit.chanroblesvirtualawlibrary chanrobles virtual law library

13. After heating, Labor Arbiter Federico S. Bernardo who took over the cases from Arbiter Palumbarit rendered a decision dated July 2, 1982, the dispositive portion of which reads: chanrobles virtual law library

WHEREFORE, In view of all the foregoing, the instant complaint of complainants is hereby granted and the respondent's application for clearance is hereby denied.chanroblesvirtualawlibrary chanrobles virtual law library

The respondent is hereby ordered:

1. To reinstate all the suspended/dismissed employees to their former positions without loss of seniority rights and other privileges, with full backwages including cost of emergency living allowance from the date of their suspension/dismissal up to the supposed date of actual reinstatement, as follows:

2. To restore transportation privilege as being extended before the filing of the instant case; and chanrobles virtual law library

3. If their reinstatement is no longer possible due to closure of the establishment, in addition to the payment of their full backwages and cost of living allowance, to pay their respective separation pay as provided for under the Labor Code.

14. Private respondent appealed to the NLRC which rendered the questioned decision on May 31, 1983 as follows: chanrobles virtual law library

WHEREFORE, in the light of foregoing premises, the appealed decision is hereby set aside and another one issued dismissing the above-entitled cases filed by the complainants-appellees for lack of merit and granting the application for clearance to terminate the services of individual complainants-appellees filed by respondent-appellant.chanroblesvirtualawlibrarychanrobles virtual law library

15. Petitioners moved for a reconsideration of the above decision on July 12, 1983 which NLRC denied in a resolution dated December 6,1983.chanroblesvirtualawlibrary chanrobles virtual law library

16. Hence, this petition. ¹

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The petitioners assign three errors in support of their petition: chanrobles virtual law library

I.chanroblesvirtualawlibrarychanrobles virtual law library

THAT PUBLIC RESPONDENT GRAVELY ABUSED ITS DISCRETION AND SERIOUSLY COMMITTED ERRORS IN LAW IN CONSIDERING PRIVATE RESPONDENTS EVIDENCE INTRODUCED FOR THE FIRST TIME ON APPEAL, AND PUBLIC RESPONDENT NLRC HAS SERIOUSLY COMMITTED ERRORS IN GIVING DUE COURSE TO PRIVATE RESPONDENT APPEAL FROM THE DECISION OF LABOR ARBITER FEDERICO S. BERNARDO, ALTHOUGH SAID APPEAL WAS NOT VALIDLY PERFECTED ON TIME;chanrobles virtual law library

II.chanroblesvirtualawlibrarychanrobles virtual law library

THAT PUBLIC RESPONDENT NLRC COMMITTED SERIOUS ERRORS IN LAW IN RENDERING A DECISION THAT IS CONTRARY TO THE EVIDENCE ON RECORD(S); and chanrobles virtual law library

III.chanroblesvirtualawlibrarychanrobles virtual law library

THAT PUBLIC RESPONDENT NLRC COMMITTED AN ERROR IN NOT AWARDING BACK WAGES TO THE INDIVIDUAL PETITIONERS FOR REFUSAL OF PRIVATE RESPONDENT TO REINSTATE THEM AFTER RENDERING OF THE DECISION OF LABOR ARBITER FEDERICO S. BERNARDO AND AFTER SAID LABOR ARBITER ORDERED PRIVATE RESPONDENT TO REINSTATE THEM. ² chanrobles virtual law library

On the first issue, the petitioners submit that the motion for reconsideration, treated subsequently as an appeal, ³ of the private respondent had been filed beyond the ten-day period prescribed by the Labor Code, in the absence of any statement thereon as to material dates. The respondent Commission ruled that it was, on the strength of receipts in possession of the Labor Department disclosing such dates and showing that said appeal had been seasonably filed. As a matter of practice, and in connection with ordinary civil cases, this Court has assumed a stance of liberality towards the application of the material data rule, if it in be otherwise verified from other evidence that the appeal had been perfected within the time prescribed. ⁴ We see no reason why we should hold otherwise as far as labor cases are concerned. Accordingly, we yield to the respondent Commission's finding that the e.g. Gochangco, Inc. had filed its appeal on time. It may be further noted that the petitioners themselves can offer no proof, other than vague inferences from circumstances, of the belated appeal they allege.chanroblesvirtualawlibrary chanrobles virtual law library

This is not to say, however, that such an appeal has judgment. The Solicitor General himself urges that we grant that, petition and hence, reverse the respondent Commission. But apart from such urgings, the records themselves show that a reversal is in order.chanroblesvirtualawlibrary chanrobles virtual law library

We are convinced that the respondent company is indeed guilty of an unfair labor practice. It is no coincidence that at the time said respondent issued its suspension and termination orders, the petitioners were in the midst of a certification election preliminary to a labor management conference, purportedly, "to normalize employer-employee relations." ⁵It was within the legal right of the petitioners to do so, ⁶ the exercise of which was their sole prerogative, ⁷ and in which management may not as a rule interfere. ⁸ In this connection, the respondent company deserves our strongest condemnation for ignoring the petitioners' request for permission for some time out to attend to the hearing of their petition before the med-arbiter. It is not only an act of arrogance, but a brazen interference as well with the employees right to self-organization, contrary to the prohibition of the Labor Code against unfair labor practices. ⁹chanrobles virtual law library

But as if to add insult to injury, the company suspended the petitioners on the ground of "abandonment of work" ¹⁰ on February 27, 1980, the date on which, apparently, the pre-election conference had been scheduled. (The petitioners sought permission on February 26, 1980 while the suspension order was issued on February 28, 1980.) What unfolds here is a clear effort by management to punish the petitioners for their union activities.chanroblesvirtualawlibrary chanrobles virtual law library

As a consequence of such a suspension, the Clark Air Base guards confiscated the employees' gate passes, and banned them from the base premises. We cannot be befooled by the company's pretenses that "[t]he subsequent confiscation by the Americans of the complainants' passes is beyond the powers of management." To start with, those passes would not have been confiscated had not management ordered the suspension. As put by the Solicitor General, "the U.S. Air Force authorities could not have known who were supposed to report for work on February 27, 1980," ¹²and who were under suspension. Conversely, in the absence of such a suspension order, there was no ground to seize such gate passes. Base guards, by themselves, cannot bar legitimate employees without the 'proper sanction of such employees'employers.chanroblesvirtualawlibrary chanrobles virtual law library

What disturbs us even more, however, is the perplexing gullibility with which the respondent National Labor Relations Commission would fall for such an indefensible position. Said the Commission: "So, with their gate passes confiscated, even if management will reinstate them, without the gate passes, they cannot enter the US Clark Airforce Base and perform their jobs, for the gate pass is a pre-requisite for their entrance for employment." ¹³ For surely, and as we stated, the petitioners were dispossessed of those gate passes precisely because of the suspension meted out against them. It is not the other way around, as the Commission would have us behave, for the confiscation of such passes would not furnish a ground for suspension. Reinstatement then would have deprived the base gullibility guards any right to hold on to such passes any further. In the absence of superior orders, mere base guards are bereft of any discretion to act on such matters.chanroblesvirtualawlibrary chanrobles virtual law library

In finding the petitioners' suspension illegal, with more reason do we hold their subsequent dismissal to be illegal. We are not persuaded by the respondent firm's argument that final termination should be effected as the contract has expired." ¹⁴ What impresses us is the Solicitor General's submission that the petitioners were regular employees and as such, their tenure did not end with the expiration of the contract. We quote:

The records show that petitioners were do so, 6 The ar employees whose employment did not terminate with the expiration of private respondent's contract with the U.S. Air Force. In their position paper in the arbitration proceedings, they averred that been employer employed by private respondent for six (6) months or more before they were terminated as follows:

As regular employees, the petitioners' tenure are secure, and their dismissal must be premised on a just cause. ¹⁶chanrobles virtual law library

We find none here. What we find, instead, are flimsy attempts by the respondent company to discredit the person of the petitioners' counsel, or their officers, and other resorts to argumenta ad hominem. ¹⁷ chanrobles virtual law library

There is no merit in the claim that the petitioners' terms were coterminous with the duration of the contract. There is nothing in the records that would show that the petitioners were parties to that contract. It appears furthermore that the petitioners ¹⁸were in the employ of the respondent company long before that contract was concluded. They were not contract workers whose work terms are tied to the agreement, but were, rather, regular employees of their employer who entered into that contract.chanroblesvirtualawlibrary chanrobles virtual law library

But even if dismissal were warranted, the same nonetheless faces our disapproval in the absence of a proper clearance then required under the Labor Code. ¹⁹ It is true that efforts were undertaken to seek such a clearance, yet there is no showing that it was issued. That still taints the dismissal with the vice of illegality.chanroblesvirtualawlibrary chanrobles virtual law library

The Court likewise rejects the claims of an alleged waiver by the petitioners of their economic demands, in the light of an alleged order issued by Labor Arbiter Luciano Aquino in connection with another case(s) involving the same parties. (It was Labor Arbiter Federico Bernardo who penned the unfair labor practice/illegal dismissal case.) The Honorable Aquino's disposition reads:

The records show that a "Waiver of Claims, Rights and Interest" was filed by above-named petitioners stating, among other things, that said petitioners are waiving their claims, rights and interests against the respondents.chanroblesvirtualawlibrary chanrobles virtual law library

ACCORDINGLY, let the above-entitled cases be DISMISSED in view of the waiver made by the petitioners. ²⁰ chanrobles virtual law library

Acting on these allegations, the respondent Commission, baring its clear bias for management, ruled that the petitioners had waived their claims. Thus: chanrobles virtual law library

xxx xxx xxxchanrobles virtual law library

With respect to the second issue, that is, whether or not the waiver of rights and interests executed by Fernando do so, 6 The G Lising, Odilon do so, 6 The G Lising, Jose C. Tiamzon, Ernesto Tuazon, Pedro Santos, Ruben Buela, Eduardo Alegado, Estrael Vino, Rogelio Manguerra, Edilberto Bingcang, Olimpio Gumin, Leo Tropico, Orlando Nacu, Rodolfo T. Capitly and Juanito Suba, are valid, the alleged president of complainant-appellee union Benigno Navarro, Sr., contends that Id Atty. Solomon has no authority to appear floor and in behalf of individual complainants-appellees who waived their rights and interests in these cases since there was no authority from him. Records, however, disclose that said Atty. Solomon had been the attorney of record for complainants-appellees since the inception of these cases, and, therefore, is authority to represent them cannot be questioned- not even by Ministry. Navarro who allegedly took over the presidency of complainant-appellee union after the disappearance of the former president, Mr. Ficardo Alconga, Sr. And besides, the waiver of rights and interests were personally executed by the signatories therein and all that Atty. Solomon did was to assist them. ²¹ chanrobles virtual law library

xxx xxx xxx

We find this puzzling for clearly, Labor Arbiter Aquino's resolution refers to other cases ²² and not the instant unfair labor practice controversy. The Commission cannot feign simple mistake for such a lapse. Wittingly or unwittingly, it had made itself a Dawn of the respondent corporation or otherwise had yielded to its influence. The Court rebukes Atty. Isagani M. Jungco counsel for the respondent company, for his unbecoming act and the individual members of the Commission itself, for besmirching the integrity of the Commission.chanroblesvirtualawlibrary chanrobles virtual law library

In any event, we have held that unfair labor practice cases are not, in view of the public interest involved, subject to compromises. ²³Furthermore, these alleged waivers do not appear to have been presented in the first instance. They cannot be introduced for the first time on appeal.chanroblesvirtualawlibrary chanrobles virtual law library

We come, finally, to the respondent company's liability for backwages and for emergency cost of living allowances (ECOLA). In its appeal, the company denies any liability, pointing to "[r]epresentative samples of the documents evidencing payment was likewise submitted due to the voluminous records which cannot be all produced." ²⁴ The Commission accepted this argument, noting that 'these xerox copies of payment of allowances, were never spurned by complainants-appellees." ²⁵ The Solicitor General observes, on the other hand, that these alleged documents were never presented at the hearing but surfaced only on appeal. ²⁶ Indeed, there is no reference in the Labor Arbiter's decision to these documents, and apparently, the respondent firm entered the same in evidence at the appeal level only. As we have declared, a party is barred from introducing fresh matters at the appellate stage. Besides, and as the Solicitor General points out, "the ECOLA awarded to petitioners in the decision of the Labor Arbiter include only those that pertain to them from the time of their dismissal up to July 1, 1982 " ²⁷ the date the Labor Arbiter ordered their reinstatement. ²⁸ Accordingly, we rule the respondent corporation liable for such unpaid claims.chanroblesvirtualawlibrary chanrobles virtual law library

Before Batas Blg. 70 ²⁹was enacted into law, unfair labor practices were considered administrative offenses, ³⁰ and have been held akin to tort, ³¹ wherein damages are payable. We therefore not only order herein the reinstatement of the petitioners and the payment of backwages (including cost-of-living allowances) to them, but impose as well moral and exemplary damages. With respect to backwages, we hold the respondent e.g. Gochangco, Inc. liable, in line with the recommendation of the Solicitor General and in accordance with accepted practice, for backwages equivalent to three (3) years without qualification or deduction. ³² chanrobles virtual law library

As for moral damages, we hold the said respondent liable therefor under the provisions of Article 2220 of the Civil Code providing for damages for "breaches of contract where the defendant acted fraudulently or in bad faith." We deem just and proper the sum of P5,000.00 each in favor of the terminated workers, in the concept of such damages.chanroblesvirtualawlibrary chanrobles virtual law library

We likewise grant unto said workers another P5,000.00 each to answer for exemplary damages based on the provisions of Articles 2229 and 2231 and/or 2232 of the Civil Code. For "act[ing] in gross and evident bad faith in refusing to satisfy the [petitioners'] plainly valid, just and demandable claim[s] " ³³ the respondent firm is further condemned to pay attorney's fees. The Court considers the total sum of P20,000.00 fair and reasonable.chanroblesvirtualawlibrary chanrobles virtual law library

If only for emphasis, the new Constitution considers "labor as a primary social economic force." ³⁴ As the conscience of the government, it is this Court's sworn duty to ensure that none trifles with labor rights.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, the petition is GRANTED. The decision of the public respondent, the National Labor Relations Commission, is REVERSED and SET ASIDE. Judgment is hereby rendered: chanrobles virtual law library

1. Ordering the private respondent, e.g. Gochangco, Inc., to REINSTATE the terminated workers; chanrobles virtual law library

2. Ordering the private respondent to PAY them backwages equivalent to three (3) years without qualification or deduction; chanrobles virtual law library

3. Ordering it to PAY them the sum of FIVE THOUSAND (P5,000.00) PESOS EACH, as and for moral damages; chanrobles virtual law library

4. Ordering it to PAY them the sum of FIVE THOUSAND (P5,000.00) PESOS EACH, as and for exemplary damages; and chanrobles virtual law library

5. Ordering it to PAY them the sum of TWENTY THOUSAND (P20,000.00) PESOS as and for attorney's fees.chanroblesvirtualawlibrary chanrobles virtual law library

This Decision is IMMEDIATELY EXECUTORY.chanroblesvirtualawlibrary chanrobles virtual law library

Costs against the private respondent.chanroblesvirtualawlibrary chanrobles virtual law library

IT IS SO ORDERED.

Endnotes:

1 Rollo, 70-75.chanrobles virtual law library

2 Id., 10.chanrobles virtual law library

3 Id., 9.chanrobles virtual law library

4 Del Rosario v. Conanan, No. L-37901, March 30, 1977, 76 SCRA 136.chanrobles virtual law library

5 Rollo, Id., 71.chanrobles virtual law library

6 CONST. (1973), Art. II, Sec. 9; CONST. (1987), Art. XII, See. 3

7 Trade Unions of the Phils, and Allied Services v. Trajano, No. L-61153, Jan. 17, 1983, 120 SCRA 64.chanrobles virtual law library

8 Supra. The exception is when the petitioner is management itself.chanrobles virtual law library

9 Pres. No. 442, Art. 248, par. (a).chanrobles virtual law library

10 Rollo, Id.

11 Id., 46

12 Id., 83.chanrobles virtual law library

13 Id., 37.chanrobles virtual law library

14 Id., 46.chanrobles virtual law library

15 Id., 78.chanrobles virtual law library

16 Pres. Decree No. 442, supra, Art. 280; CONST. (1973), supra, Art, II, Sec. 9.chanrobles virtual law library

17 Rollo, Id., 93-95.chanrobles virtual law library

18 Except for six employees; see rollo, Id., 80.chanrobles virtual law library

19 Pres. Decree No. 442, supra, Art. 278, par. (b). Under the amendment introduced by Batas Blg. 130, sec. 13, no clearance is necessary to terminate employment upon grounds stated therein.chanrobles virtual law library

20 Rollo, Id., 49.chanrobles virtual law library

21 Id., 35-36.chanrobles virtual law library

22 R03-AB-CASES NOS. 852-30-855-30; 857-80 and 860-80. Labor Arbiter Bernardo decided R03-AB-CASES NOS. 486-80, 55780, 558-80, 663-80, and 556-80.chanrobles virtual law library

23 AFP Mutual Benefit Association, Inc. vs. AFP-MBAI-EU, Nos. 39140 & 39145, May 17, 1980, 97 SCRA 715. Article 1700 of the Civil Code reads in part: "The relation between capital and labor are not merely contractual. They are so impressed with the public interest that labor contracts must yield to the common good ..."

24 Rollo, Id., 40.chanrobles virtual law library

25 Id., 39.chanrobles virtual law library

26 Id., 86.chanrobles virtual law library

27 Id.chanrobles virtual law library

28 Id. Actually, the decision is dated July 2,1982.chanrobles virtual law library

29 AN ACT TO STRENGTHEN THE CONSTITUTIONAL RIGHT OF WORKERS TO SELF- ORGANIZATION AND FREE COLLECTIVE BARGAINING AND TO PENALIZE UNFAIR LABOR PRACTICES FURTHER AMENDING FOR THE PURPOSE ARTICLES 244,247,249,250, AND 289 (BOOK V) OF PRESIDENTIAL DECREE NUMBERED FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES. The act was approved on May 1, 1980.chanrobles virtual law library

30 Pres. Decree No. 442, Art. 250 (1979). The criminalization of unfair labor practices has been explained as follows: "Our experience in the field of labor relations of the last four years, since the Labor Code (P.D. 442) took effect on November 1, 1974, has shown that the change in concept of "unfair labor practice" as outlined in Article 250 of the same, from "penal" to "administrative," has brought more harm than good.chanrobles virtual law library

"Emboldened by the laws liberality, nay, inadequacy, irresponsible, sometimes vindictive employers, many of them aliens, ride high brazenly committing such unfair labor practices. Legitimate unions and labor organizations, most especially the weak and newly organized, easily get busted with impunity, harassed or discriminated against, and terms and conditions of employment retrogressing to sub-standard level instead of improving all on account of the lack of effective deterrents to and penal sanctions against such pernicious practices.chanrobles virtual law library

"Add to this depressing spectacle the sight of many labor leaders and active members getting arrested, detained or languishing in jails for violations of the ban on strikes, picketing or unlawful assembly, or for having brought the law into their own hands, while you grope in frustration looking for a single instance when an unscrupulous employer shall have suffered the same fate for having illegally locked out his establishment resulting in countless workers losing jobs and their only means of livelihood. Situations such as these not only serve to undermine the laudable gains achieved by the New Society but, just like one cancerous growth, will, slowly but surely, eat up the very fiber of our people's faith in their government and the efficacy of its laws. "Remedial legislative measures must, therefore, have to be instituted to effectuate the equal, desirable balance between capital and labor, necessary to bring about a stable, but dynamic and just industrial peace. Hence, these proposals to restore the penal concept of "unfair labor practice"- although, for a speedy, faster disposition of the more immediate labor relations grievances arising therefrom, the civil aspect of ULP complaints must still continue to be processed and resolved in mere administrative proceedings and to declare as unlawful all violations of the right of workers and employees to self-organization in order to provide adequate teeth for Article 289 of the Labor Code to grind along implementation of the declared State policy to encourage the growth of trade unions in the country.chanrobles virtual law library

"The proposed amendments under Sections 3 and 4 of this Bill, correlative to the thrust of its Section 2, are aimed at removing or preventing undue restrictions on the legitimate exercise of the rights of workers not only to self-organization but also to free collective bargaining.chanrobles virtual law library

"Aside from violating International Labor Organization conventions, of ;which the Republic of the Philippines is a signatory and therefore bound by its provisions, the limitation as to coverage presently imposed by Article 244 of the Labor Code, on the application of such right to organize and bargain collectively, only to enterprises or establishments"... operating for profit" likewise unduly and unreasonably restricts what appears to be a clear, explicit, unmistakable mandate by Section 8, Article II (Declaration of Principles and State Policies) of the new Constitution making it, without distinction, the duty of the State to ... assure the rights of workers to self- organization, collective bargaining, ,security of tenure, and just and humane conditions of work."

"Furthermore, it is asked, why should such right to self-organization be also confined by the Labor Code, as to exercise thereof, obey do so, 6 The xxx for purpose of collective bargaining? Was it not the original, wellsettled, long recognized and primary purpose of self-organization of workers their own "mutual aid and protection? This explains the proposal to add this general phrase to the provision referred to.chanrobles virtual law library

"Throughout the collective bargaining regime of R.A. 875, even until the present inferior courts in the country, notwithstanding repeated admonitions from our highest tribunal in a long line of decisions have invariably, if not unnecessarily, interfered, thru indiscriminate issuance of injunctions, restraining orders, assumption of original jurisdiction or otherwise, with the labor-capital, employer-employee relationship. In no small measure, to has prevented or discouraged the resort by the traditionally-opposing parties to the truly democratic method of regulating their relations by means of voluntary agreements entered into by themselves alone, freely and without compulsion, in collective bargaining. Such undue interferences must be stopped. For, evidently, while the picture of a concerned government looms heavily over labor management relations, with a ready framework of compulsory arbitration if their disputes go out of hand, the purpose of the policy of the State in this regard stems from the recognition of a positive philosophy that " ... real industrial peace cannot be achieved by compulsion of law" and that "sound and stable labor relations must rest, in keeping with the spirit of our democratic institutions, on an essentially voluntary basis." (Explanatory Note, P.B. No. 386,2d Regular Session, Batasang Pambansa, Metro Manila, May 1, 1980.)

31 PASCUAL, LABOR AND TENANCY RELATIONS LAW, 256 (1975).chanrobles virtual law library

32 Madrigal & Company, Inc. v. Zamora, Nos. L-48237 and 49023, June 30, 1987, 151 SCRA 355.chanrobles virtual law library

33 CIVIL CODE, supra, Art. 2208, par. (5).chanrobles virtual law library

34 CONST. (1987), supra, Art. II, Sec. 18.