Haystacks (Berne Guerrero)
Ang Tibay v. CIR [GR 46496, 27 February 1940]
En Banc, Laurel (p): 6 concur.
<Incomplete story except facts provided that 89 laborers were laid off due to shortages of leathermaterials; that Toribio Teodoro allegedly dominates the National Workers’ Brotherhood of Ang Tibay and wasbiased against he National Labor Union.>
Ang Tibay, has filed an opposition both to the motion for reconsideration of the CIR and to the motion fornew trial of the National Labor Union.The Supreme Court found it not necessary to pass upon the motion for reconsideration of the Solicitor-General, as it found no substantial evidence to indicate that the exclusion of the 89 laborers here was due totheir union affiliation or activity. The Court granted the motion for a new trial and the entire record of thiscase shall be remanded to the CIR, with instruction that it reopen the case, receive all such evidence as maybe relevant, and otherwise proceed in accordance with the requirements set forth.
1. The Court of Industrial Relations; Departure from rigid concept of separation of powers
The Court of Industrial Relations is a special court whose functions are specifically stated in the lawof its creation (CA 103). It is more an administrative board than a part of the integrated judicial system of thenation. It is not intended to be a mere receptive organ of the Government. Unlike a court of justice which isessentially passive, acting only when its jurisdiction is invoked and deciding only cases that are presented to itby the parties litigant, the function of the Court of Industrial Relations, as will appear from perusal of itsorganic law, is more active, affirmative and dynamic. It not only exercises judicial or quasijudicial functionsin the determination of disputes between employers and employees but its functions are far morecomprehensive and extensive. It has jurisdiction over the entire Philippines, to consider, investigate, decide,and settle any question, matter controversy or dispute arising between, and/or affecting, employers andemployees or laborers, and landlords and tenants or farm-laborers, and regulate the relations between them,subject to, and in accordance with, the provisions of CA 103 (section 1). It shall take cognizance for purposesof prevention, arbitration, decision and settlement, of any industrial or agricultural dispute causing or likely tocause a strike or lockout, arising from differences as regards wageshares or compensation, hours of labor orconditions of tenancy or employment, between employers and employees or laborers and between landlordsand tenants or farm-laborers, provided that the number of employees, laborers or tenants or farm-laborersinvolved exceeds thirty, and such industrial or agricultural dispute is submitted to the Court by the Secretaryof Labor or by any or both of the parties to the controversy and certified by the Secretary of Labor as existingand proper to be death with by the Court for the sake of public interest. (Section A, ibid.) It shall, beforehearing the dispute and in the course of such hearing, endeavor to reconcile the parties and induce them tosettle the dispute by amicable agreement. (Paragraph 2, section 4, ibid.) When directed by the President of thePhilippines, it shall investigate and study all pertinent facts related to the industry concerned or to theindustries established in a designated locality, with a view to determining the necessity and fairness of fixingand adopting for such industry or locality a minimum wage or share of laborers or tenants, or a maximum“canon” or rental to be paid by the “inquilinos” or tenants or lessees to landowners. (Section 5, ibid.) In fine,it may appeal to voluntary arbitration in the settlement of industrial disputes; may employ mediation orconciliation for that purpose, or recur to the more effective system of official investigation and compulsoryarbitration in order to determine specific controversies between labor and capital in industry and inagriculture. There is in reality here a mingling of executive and judicial functions, which is a departure fromthe rigid doctrine of the separation of governmental powers.
2.The CIR free from rigidity of certain procedure requirements, but not free to ignore ordisregard fundamental and essential requirements of due process involving proceedings of
Administrative Law, 2003 ( 1 )