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People vs.

Pomar (case digest)


46 Phil 440 FACTS: Julio Pomar, the manager and person - in charge of La Flor de la Isabela, a tobacco factory pertaining to La Campania General de Tabacos de Filipinas, a corporation duly authorized to transact business in Manila, employed Macaria Fajardo as cigar maker. She was granted a vacation leave beginning July 16, 1923 by reason of pregnancy. On October 26, 1923 a case was filed against defendant Pomar for failing to pay Fajardo her regular wages corresponding to 30 days before and 30 days after her delivery and confinement, in accordance with the provision of Act. 3071 which states that; Section 13 - Every person, firm or corporation owning or managing a factory, shop or place of labor of any description shall be obliged to grant to any woman employed by it as laborer who may be pregnant, thirty days vacation with pay before and another thirty days after confinement: Provided, That the employer shall not discharge such laborer without just cause, under the penalty of being required to pay to her wages equivalent to the total of two months counted from the day of her discharge.. The judge found the defendant guilty of the alleged offense. From that sentence, the defendant appealed contending that his act did not constitute any offense because such provision of the Act No. 3071 is unconstitutional. ISSUE: Whether or not Act No. 3071 is unconstitutional HELD: Yes, Act No. 3071 is unconstitutional. Such Act violates the right to enter into a lawful contract. The right to enter into lawful contracts constitutes one of the liberties provided by the constitution for the people of the State. Being such a right, it should not therefore be arbitrarily interfered with. Even though it has been contended that Act No. 3071 is within the police power of the State, such power cannot be exercised in violation to the Constitution which is the fundamental and supreme law of the land. November 3, 1924

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