tax case

Penelope Germaine D. Sernande 1AA Minimum Wage Atok – Big Wedge (ABW) Mining Co., Inc. vs.

ABW Mutual Benefit Association No. L – 5276; March 3, 1953 (92SCRA754)

FACTS: On September 4, 1950, the respondent union through its officers submitted a demand to the petitioner. Some of the demands were granted by the petitioner and others were rejected and so hearings were held. The Court of Industrial Relations found that Php2.50 is minimum actually needed by the laborer and his family, the amount Php3.20 fixed by said court as the minimum wage payable to the laborer is not excessive. Hence, the present case is an appeal by certiorari against the decision of Court of Industrial Relations. ISSUE: Whether or not the amount Php3.20 must be the minimum wage of the laborers RULLING: Supreme Court found no reason for disturbing the finding of the court fixing the amount Php3.20 as the minimum wage. The minimum wage must be fair and just. The minimum wage can by no. means imply only the actual minimum the amount of Php0.22 a day (difference between Php2.80 and Php2.58 actual) is not excessive for the purpose. That the Php3.00 minimum wage fixed in the law is still far below what is considered fair and just minimum is shown by the fact that this amount only for the years after the law fixes it at Php4.00. Frequent demands for increase are indication of healthy spirit of wakefulness to the demands progressing and increasingly more expensive.

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