A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Commonwealth Acts :
Organization of the Court
Section 1. The Judge: his appointment, qualifications, compensation, tenure. — There is hereby created a Court of Industrial Relations, which shall have jurisdiction over the entire Philippines, to consider, investigate, decide, and settle any question, matter, controversy or dispute arising between, and/or affecting, employers and employees or laborers, and landlords and tenants or farm-laborers, and regulate the relations between them, subject to, and in accordance with, the provisions of this Act. The Court shall keep a record of all its proceedings and shall be presided over by-a Judge to be appointed by the President of the Philippines with the consent of the Commission on Appointments of the National Assembly. The Judge of the Court shall hold office during good behavior until he reaches the age of seventy years,-or becomes incapacitated to discharge the duties of his office His qualifications shall be the same as those provided in the Constitution for members of the Supreme Court and he shall receive an annual compensation of ten thousand pesos and shall be entitled to traveling expenses and per diems when performing official duties outside of the City of Manila. The Department of Justice shall have executive supervision over the Court.
Powers and Duties of the Court
Incidental Powers of the Court and Manner
of Conducting Investigations
Section 11. Court authorized to seek help from other officers. - The Court shall have the power to require the services of any Government official or employee, to help it, without additional compensation, in the performance of its duties.
Section 12. Power of inspection. — The Judge or any person authorized by
him in writing may at any time during working hours, enter any labor
establishment, building, place or premises in the performance of the
duties of the Court, and may inspect and view any work, material,
implement, machinery, appliances or any object therein.
Award and Appeals
Section 13. Character of the award. — 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 claimed or demands made by the parties to the industrial or agricultural dispute, but may include in the award, order or decision any matter or determination which may be deemed necessary or expedient for the purpose of settling the dispute or of preventing further industrial or agricultural disputes.
Section 14. Finality of award. — At the expiration of ten days from the date of the award, order or decision, in cases brought under the provisions of section four hereof, judgment shall be entered in accordance therewith, unless during said ten days an aggrieved party shall appeal therefrom to the Supreme Court of the Philippines by writ of certiorari as hereinafter provided. The Supreme Court in its discretion, may, in any case involving a question of law, upon petition of the party aggrieved by the decision of the Court of Industrial Relations and under rules and conditions that it may prescribe, require by certiorari that said case be certified to it for review and determination.
Section 15. Decision of Supreme Court. — Upon the final determination
and decision by the Supreme Court of the questions or issues raised in
the appeal, the Clerk of the Supreme Court shall immediately transmit
to the Clerk of the Court of Industrial Relations a certified copy of
the decision or judgment. Five days after receipt of said certified
decision or judgment by the Clerk of the Court of Industrial Relations
it shall immediately become conclusive, final and executory.
Section 19. Implied condition in every contract of employment. — In every contract of employment or tenancy, whether verbal or written, it is an implied condition that when any dispute between the employer or landlord and the employee, tenant or laborer has been submitted to the Court of Industrial Relations for settlement or arbitration, pursuant to the provisions of this Act, and pending award or decision by it, the employee, tenant or laborer shall not strike or walk out of his employment when so enjoined by the Court after hearing and when public interest so requires, and if he has already done so, that he shall forthwith return to it, upon order of the Court, which shall be issued only after hearing when public interest so requires or when the dispute cannot, in its opinion, be promptly decided or settled; and if the employees, tenants or laborers fail to return to work, the Court may authorize the employer or landlord to accept other employees, tenants or laborers. A condition shall further be implied that while such dispute is pending in the Court, the employer or landlord shall refrain from accepting other employees, tenants or laborers, unless with the express authority of the Court, and shall permit the continuation in the service of his employees, tenants or laborers under the last terms and conditions existing before the dispute arose: Provided, That within fifteen days after the declaration of the strike, employers will not be allowed to engage the services of strike breakers. A violation by the employer or landlord or by the employee, tenant or laborer of such an order or the implied contractual condition set forth in this section shall constitute contempt of the Court, and shall be punishable as in all other cases of contempt of a Court of First Instance.
Section 20. Rules of court. — The Court of Industrial Relations shall adopt its rules of procedure and shall have such other powers as generally pertain to a court of justice: Provided, however, That in the hearing, investigation and determination of any question or controversy and in exercising any duties and powers under this Act, the Court shall act according to justice and equity and substantial merits of the case, without regard to technicalities or legal forms and shall not be bound by any technical rules of legal evidence but may inform its mind in such manner as it may deem just and equitable.
Section 21. Unlawful for employer to discharge employee under certain conditions. — It shall be unlawful for any employer to discharge or to threaten to discharge, or in any other manner discriminate against, any laborer or employee because such person has testified or is about to testify, or because such employer believes that he may testify in any investigation, proceeding or public hearing conducted by the Court or any board of inquiry.
Section 22. Unlawful agreements. — Any agreement intended to avoid the
provisions of this Act shall be void.
Damages and Penalties
Section 23. Civil liability. — Non-compliance with any of the terms of the agreement of the parties as provided for in this Act, or, of the award, order or decision, after it has become final, conclusive and executory, may subject the offending party to liability for damages to be recovered in an ordinary civil action.
Section 24. Criminal liability. — Any violation of the provisions of
this Act, or, of any order, award or decision of the Court of
Industrial Relations, shall be punished with a fine not exceeding one
thousand pesos or imprisonment not exceeding one month, or both in the
discretion of the Court. Any person who shall induce or cause somebody
to violate any provision of this Act or of any order, award or decision
of the Court shall be punished with a fine not exceeding two thousand
pesos or imprisonment not exceeding one year or both in the discretion
of the Court.
Section 25. Appropriation. — The sum of forty-five thousand pesos or so much thereof as may be necessary, is hereby appropriated out of the un-appropriated funds in the Philippine Treasury, for salaries, per diems, traveling expenses purchase of materials and equipments and other necessary sundry expenses that may be incurred in the carrying out of the provisions of this Act up to the last day of December of nineteen hundred and thirty-seven. The expenses for the succeeding years shall be provided for in the current appropriations for such years.
Section 26. Partial invalidity. — If for any reason, any section or provision of this Act shall be questioned in any Court, and shall be held to be unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.
Section 27. This Act shall take effect upon its approval.