Legislation, executive orders, and court decisions
Media
Part of The American Chamber of Commerce Journal
- Title
- Legislation, executive orders, and court decisions
- Creator
- Selph, Ewald E.
- Language
- English
- Year
- 1949
- Rights
-
- Fulltext
- September, 1949 AMERICAN CHAMBER OF COMMERCE JOURNAL 399 has not risen proportionately, causing buyers to show little interest in making commitments at present New York levels. Arrivals from abroad are estimated to be about 25 c/o greater than for July. Legislation, Executive Orders, and Court Decisions By Ewald E. Selph Ross, Selp, Carrascoso & Janda, IN the case of Sunripe Coconut Products Company, G. R. No. L-2009, the Supreme Court has decided that piece workers under the pakiao system are not independent contractors and are employees cover ed by the law governing the Court of Industrial Rela tions. The Court said: “Petitioner also insists that the ‘pavers’ and ‘shelters’ are piece-workers under the ‘pakiao’ system. In answer, suffice it to observe that Commonwealth Act 103, as amended, expressly provides that ‘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, x x x’ (Section 5.) The organic law of the Court of Industrial Relations, therefore, even orders that laborers may be paid by piece-work; and the fact that the ‘parers’ and ‘shelters’ are paid a fixed amount for a fixed number of nuts pared or shelled, does not certainly take them out of the purview of Commonwealth Act. 103. “It is unnecessary to discuss at length the other facts pointed out by the petitioner in support of the proposition that said ‘parers’ and ‘shelters’ are independent contractors, because a ruling on the matter would necessarily involve a factual inquiry which we are not authorized to make. Even so, we would undertake to advance the general remark that in cases of this kind, wherein laborers are usually compelled to work under conditions and terms dictated by the employer, a reasonably wide latitude of action and judgment should be given to the Court of Industrial Relations with a view to settling industrial disputes conformably to the intents and purposes of its organic law.” In another labor case (Philippine Can Company, G. R. No. L-2028) the Supreme Court affirmed a de cision of the Court of Industrial Relations authorizing the dismissal of a number of laborers no longer need ed by reason of the installation of labor saving machinery. The Court said: “It appearing that there has been fair hearing and that there is ample evidence to support the conclusions of fact of the lower court, we would have no ground for interfering with those conclusions. And these make it clear that there was real justification for reducing the number of workers in res pondent company’s factory, such a measure having been made necessary by the introduction of machinery in the manufac ture of its products, and that the company cannot be charged with discrimination in recommending the dismissal of the fifteen laborers named in the above list since their selection was made by a committee composed of both officers and em ployees who took no account of the laborers’ affiliation to the unions and only considered their proven record. “There can be no question as to the right of the manu facture to use new labor-saving devices with a view to ef fecting more economy and efficiency in its method of pro duction. As the lower court observes in its order, " ‘No se puede detener el cursa de I03 tiempos. Si se quiere sobrcvivir y prosperar, la unica alternative es adaptarse a las exigencies del prcsente mundo moderno. No se puede cerrar los ojos a la realidad. No sc puede depender de metodos antiguos. hay que recurrir a metodos mas eficients y avanzados. La produccion no solo deba ser de elcvada calidad B ALLIS-CHALMERS WORLD'S LARGEST LINE OF MAJOR INDUSTRIAL EQUIPMENT CRUSH MORE TONS AT LOWER COST! ALLIS-CHALMERS builds efficient gyratory and jaw crushers for every crushing operation. For primary or secondary reduction, gyratory crushers like the one shown at left crush large amounts of rock or ore at low cost. ALLIS-CHALMERS jaw crushers handle the heaviest crushing jobs. They have large feed openings, and are massively built throughout. CONSULT US ON MA CHINERY: With the Allis-Chalmers line, we supply many different industries with machines famous for dependability and sound design. Inquiries receive prompt attention. EXCLUSIVE DISTRIBUTORS THE EARNSHAWS DOCKS & HONOLULU IRON WORKS Cor. Tacoma & 2nd Sts. Telephones: Branch Office at: Port Area, Manila 2-68-48, 2-67-47 & 2-67-59 Bacolod, Negros Occidental Electrical Equipment Cvment and Mining Machinery Motors and Tex rope V-Belt Drives Centrifugal 400 AMERICAN CHAMBER OF COMMERCE JOURNAL September, 1949 eino ilimitada y bu costa al alcance de todos. Debc seguirse el ejemplo de otros paiBes. ’ “The right to reduce personnel should, of course, not be abused. It should not be made a pretext for easing out laborers on account of their union activities. But neither should it be denied when it is shown that they are not dis charging their duties in a manner consistent with good dis cipline and the efficient operation of an industrial enterprise. We, therefore, approve of the following pronouncement of the court below: "‘La compania tiene derecho de despedir a sus cmpleados u obreros. Si bien este derecho esta sujeto a la rcgulacion del Estado, en su normal ejercicio no se inmiscuye la ley. El patrono paga el jornal de sus obreros por su trabajq, y es logico y justo qua el mismo tonga derecho a esperar de los mismos lealtad y fiel cumplimiento de sus obligaciones. No es el proposito de la ley obligar al principal a retener en su servicio a un obrero cuando no recibe de esta trabajo adecuado, deligencia (diligencia) y buen comportamiento, o cuando su continuacion en el empleo es claramente opuesta a los intercses de su patrono, porque la ley al proteger los dere chos del obrero no autoriza la oppresion ni la destruccion del principal.’ ” REPUBLIC OF THE PHILIPPINES SUPREME COURT ANGELITA V. VILLANUEVA and PABLO C. SANIDAD, Peti tioners, G. R. No. L-2035 Present: — versus — MORAN, C.J. OZAETA, PARAS, FERIA, BENGZON, PADILLA, TUASON, MONTEMAYOR, REYES, JJ. THE DIRECTOR OF POSTS, Respondent. Promulgated: AUGUST 23, 1949 ♦ Translations: Decision “One cannot stop the march of time. If one must survive and pros per, the only alternative is to adapt oneself to the exigencies of the modern world. You cannot close your eyes to reality. You cannot.depend on old methods, you have to resort to more efficient and advanced methods. The produotion should not only be of high quality but un limited and its cost within thn reach of everybody. The examples of other countries should be followed.” "The Company has the right to dismiss its employees or laborers. • While this right is subject to the laws of the State, the law however does .not interfere in its normal exercise. The employer who pays the wages of his laborers in return for their work has in logic and justice the right to expect from them loyalty and faithful observance of their duties. It is not the purpose of the law to force the employer to retain in his service a laborer who does not render! adequate and diligent service and who does not comport himself decorously, or when his continued employ ment in the servioe is clearly detrimental to the interests of his employer, because the law while it protects the rights of the laborer, will not coun tenance oppression not destruction of the principal.” OZAETA, J.: Before the war the petitioner Angelita V. Villa nueva maintained a savings deposit with the Philip pine Postal Savings Bank, which as of October 22, 1941, had a balance in her favor of P4.60. She made no further deposit in said account until the month of October, 1944. Between the 10th and the 31st of said month she made four deposits totaling P5.940. The Director of Posts refused to recognize the validity of that deposit made during the occupation in Japanese Military notes on the ground that it had been declared invalid by Executive Order No. 49, series of 1945. ATLANTIC, GULF & PACIFIC CO. OF MANILA FOR 48 YEARS THE GREATEST NAME IN ENGINEERING AND CONSTRUCTION ENGINEERS CONTRACTORS MANUFACTURERS SPECIALIZING IN THE FABRICATION AND ERECTION OF BRIDGES, TANKS AND BUILDINGS Operating : MACHINE SHOPS FOR CONSTRUCTION AND REPAIRS FOUNDRY FOR CAST IRON, BRASS & BRONZE STEEL PLATE & STRUCTURAL STEEL SHOPS MARINE REPAIR SHOPS WOOD PRESERVING PLANT Distributors for: Allen-Bradley Company American Blower Cor poration Armco International Cor poration Armstrong Machine Works Chain Belt Co. of Mil waukee Cherry - Burrell Corpora tion Coffing Hoist Company Dempster Brothers, Inc. Dodge Manufacturing Company Fairbanks, Morse & Co lne. Firth-Sterling Steel Com pany Gardner - Denver Com pany Gar-Bro Manufacturing Company Johnson Service Com pany Lincoln Electric Com pany McCray Refrigerator Com pany Marion Power Shovel Company Mystik Adhesive Pro ducts Pioneer Engineering Works, Inc. Smith Welding Equipment Corp. Staples & Pfeiffer Tube Turns, Inc. Walsh Refractories Cor poration Western Brass Works Western Rock Bit Mfg. Co. York Corporation MERCHANDISE SALES DIVISION Robert Dollar Bldg., Muelle del San Francisco & 23rd Street, Port Area, Manila Tels.: 2-83-64 • 2-84-82 EXECUTIVE OFFICES • ENGINEERING DIVISION STRUCTURAL & MACHINE SHOPS Barrio Punta, Santa Ana, Manila TcIb. : 6-75-31 • 6-75-32 *> 6-75-33 September, 1949 AMERICAN CHAMBER OF COMMERCE JOURNAL 401 The petitioner, assisted by her husband, seeks to compel the Director of Posts to recognize the validity of said deposit, contending that Executive Order No. 49 is unconstitutional in that it deprives her of her property without due process of law. That question has been resolved by this court adversely to the petitioner in Hilado vs. De La Costa and the Philippine National Bank, G. R. No. L-150, April 30. 1949, wherein it was held: “We are of the considered opinion, and therefore hold, that the provisions of Executive Order No. 49, do not deprive the plaintiff of his property without due process of law or impair the obligation of contract entered into between him and defendant bank; because they are but the logical corollary and application to bank deposits in Japanese war notes of Executive Order No. 25, in so far as it declares that said notes are not legal tender in territories of the Philippines liberated from Japanese occupation, the validity of which is not, and cannot seriously be, questioned. “x X X X “It may safely be laid down as a rule that when a de posit is mdde with a bank or a person of notes made legal tender or currency by the military occupant of an enemy territory, and the occupation does not ripen into a conquest by the occupant because the territory is liberated and reoc cupied by its legitimate government, the deposit must be considered as with specification of currency, that is, as a deposit of money made legal tender or currency by the oc cupant, without necessity of stating it expressly unless there, is evidence to the contrary, because it is the only kind of money or legal currency in circulation after the genuine money of the territory has disappeared from circulation, as in the present case. It should not be understood to be a general deposit without specification of currency, that is a deposit of lawful money of the legitimate government, and it will have the same effect as if it were made with money that was legal tender or currency of a foreign country having no monetary treaty or agreement with the legitimate government; and therefore if such currency becomes valueless, the depositor- shall have to suffer the loss, because the currency so deposited is exactly of the same condition and validity as that kept in the pockets, or safe of the depositor.” The petition is denied, without any finding as to costs. (Sgd.) ROMAN OZAETA We concur: (Sgd.) MANUEL V. MORAN ” RICARDO PARAS ” F. R. FERIA ” CESAR BENGZON ” SABINO PADILLA ” PEDRO TUASON ” MARCELIANO R. MONTEMAYOR ” ALEX. REYES Philippine Safety Council By Frank S. Tenny Executive Director BY affixing his signature to Executive Order No. 259, the President of the Philippines creat ed a Fire Prevention Board on August 30, 1949. This marked the successful culmination of a move ment led by the Philippine Safety Council in recent weeks. Local citizens, residents, and organizations hailed the move. The order gives the Philippines a 21-member board of governmental department heads, professional fire-fighting experts, local safety experts, fire insur ance executives, and chiefs of large civic organiza tions. One-half are members of the Government, the overall Chairman being the Secretary of the Interior. At least 16 members are citizens of the Philippines. SAFEMADE BY: GENERAL FIRE-PROOFING CO. SUREST WAY TO SAVE MONEY, DOCUMENTS, RECORDS ... from BURGLARY, FIRE, DISHONE5TY! All materials and construction in GF Safes bear the Underwriters’ Laboratories, Inc. 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