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Facts. Appellant was a student involved in a demonstration and the other Appellants PETITIONER: GLOBE-MACKAY CABLE AND RADIO CORPORATION
were pickets involved in a labor dispute. They were later convicted of violating a (GMCR)
RESPONDENT: NATIONAL LABOR RELATIONS COMMISSION (NLRC)
Cincinnati, Ohio, ordinance that makes it a criminal offense for three or more people to
assemble on any of the sidewalks of the city and there conduct themselves in a manner and IMELDA SALAZAR
annoying to passers by. The Ohio Supreme Court upheld Appellants’ convictions.
Holding: Yes, it is unconstitutionally vague because it subjects the exercise of the right Parties Involved/Characters:
of assembly to an unascertainable standard, and it is unconstitutionally broad because
it authorizes the punishment of Constitutionally protected conduct. • Imelda Salazar – General System Analyst of GMCR
Rule(s): 1st and 14th Amend - It is alleged that Salazar and Saldivar are very close. It is also mentioned that they
share an apartment.
1984, reports shows that the company equipment and sare
Rationale: Conduct that annoys some people does not annoy others. Thus this
parts worth thousands of dollars under the custody of Saldivar were missing. A report
ordinance is vague in the sense that no standard of conduct is specified at all. As a
prepared by Maramara indicated that:
result, ordinary people would be required to guess at its meaning.
- Saldivar entered into a partnership with Yambao
The City cannot constitutionally enact or enforce an ordinance where a determination - Saldivar recommended Elecon
of violation rests entirely upon whether an official is annoyed or not.
- The missing aircon was used by Saldivar for personal use
(recovered by
The problem with this law is not just that it violates the DP standards of vagueness, it replevin)
also violates the constitutional protection for speech and assembly. Mere public - Salazar (respondent) got involved because she is a signed witness
of the
intolerance or animosity are not the basis for restriction of these rights. The 1 st and Articles of Partnership of the two
14th Amend do not allow a state to criminalize the exercise of either merely b/c that
- She knows where the missing aircon is, failed to report it.
exercise may be annoying to some. This ordinance is aimed directly at protected
constitutional freedoms and make a crime out of activities which cannot be a crime (1984) Because of those, Salazar was suspended and was given time to explain
under the Const. herself (for 30 days/one month). After 3 days she already filed a complaint against
GMCR for illegal dismissal (illegal suspension at first then it escalated to that).
(1985) Heared by Labor Arbiter – in favor of Imelda Salazar, awarded her Legis]
reinstatement, backwages and other benefits plus moral damages. (Additional, away from statcon, she is not in a fiduciary position so she can be
(1987) NLRC – affirmed Labor Arbiter decision but backwages of 2 years only; no reinstated because “strained relations” aren’t relevant in her position)
Thus this petition by GMCR before SC NLRC decision AFFIRMED Reinstated Imelda, backwaged of 2 years.
Plain-meaning rule or verba legis derived from the maxim index animi sermo est
Is she illegally dismissed based on the Labor Code and Constitutional guarantee?
(speech is the index of intention) rests on the valid presumption that the words
Held
employed by the legislature in a statute correctly express its intent or will and
She was illegally dismissed. preclude the court from construing it differently. The legislature is presumed to know
The Court pointed out Art 279 of the Labor Code, which talks about the Security of the meaning of the words, to have used words advisedly, and to have expressed its
intent by the use of such words as are found in the statute. Verba legis non est
tenure for regular employees which states that:
recedendum, or from the words of a statute there should be no departure. Neither
xxx An employee who is unjustly dismissed from work shall be entitled to
does the provision admit of any quali cation. If in the wisdom of the Court, there may
reinstatement without loss of seniority rights and other privileges and to his full
be a ground or grounds for non- application of the above-cited provision, this should
backwages, inclusive of allowances, and to his other benefits or their monetary
equivalent xxx be by way of exception, such as when the reinstatement may be inadmissible due to
ensuing strained relations between the employer and the employee. (Copy pasted
Corollary to it is the Implementing Rules and Regulations of the Labor Code (IRR)
from the GMCR v. NLRC case)
stating that employer cannot terminate regular employees without just cause or
1 IMPORTANT PROVISION Labor Code Art. 279
authorized by laws and if such employeed get illegally dismissed, he or she will be
Security of Tenure. — In cases of regular employment, the employer shall not
entitled to be back in his/her position or be reinstated without loss of seniority rights
2 terminate the services of an employee except for a just cause or when authorized by
plus backwages
this Title. An employee who is unjustly dismissed from work shall be entitled to
The priority is clearly leaned towards the employee or to labor. The Court pointed out reinstatement without loss of seniority rights and other privileges and to his full
the opening paragraph on Labor and the 1973 Constitution on Article 2 which backwages, inclusive of allowances, and to his other bene ts or their monetary
enshrines “full protection” to labor. In the 1986 ConCom, they have designed Social equivalent computed from the time his compensation was withheld from him up to the
Justice an Human rights to reduce social, economic and political inequalities. time of his actual reinstatement
Ruling:
Yes. It is possible for the monetary reward in favor of the employee to exceed the
amount of 350,000 because of the stringent requirements posed upon recruiters. The
reason for such is that overseas employees are subjected to greater risks and hence,
the money will be used to insure more care on the part of the local recruiter in its choice
of foreign principal to whom the worker will be sent.
Doctrine: Construction:
It is a principle of legal hermeneutics that in interpreting a statute (or a set of rules as
in this case), care should be taken that every part thereof be given effect, on the theory
that it was enacted as an integrated measure and not as a hodge-podge of conflicting
provisions. Ut res magis valeat quam pereat. “That the thing may rather have effect
than be destroyed.”
The rule is that a construction that would render a provision inoperative should be
avoided; instead, apparently inconsistent provisions should be reconciled whenever
possible as parts of a coordinated and harmonious whole. With regard to the present
case, the doctrine can be applied when the Court found that Sec. 6 complements Sec.
4 and Sec. 17.
In the POEA Rules, the bonds required in Sec. 4 Rule 2, Book 2 and the escrow
required in Sec. 17 Rule 2, Book 2have different purposes from the appeal bond
required in Sec. 6, Rule 5 Book 7.
The bonds in Sec. 4 are made to answer for all claims against the employer, which is every word. Hence, when a statute is susceptible of more than one interpretation the
not limited to monetary awards to employees whose contracts of employment have court should adopt such reasonable and beneficial construction as will render the
been violated. provision thereof operative and effective and harmonious with each other.
The escrow agreement in Sec. 17 is used only as a last resort in claiming against the
employer.
On the other hand, Sec. 6 requires an appeal bond in an amount equivalent to the G.R. No. 162059 | January 22, 2008
monetary award. Indeed, this appeal bond is intended to further insure the payment of
the monetary award. Also, it is possible that the monetary award may exceed the HANNAH EUNICE D. SERANA, petitioner,
bonds posted previously and the money placed in escrow. If such a case happens, vs.
where will the excess be sourced? To solve such a dilemma, an appeal bond SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, respondents.
equivalent to the amount of the monetary award is required by Sec. 6.
Radiola Toshiba Philippines, Inc. vs. The Intermediate Appellate Court Facts:
G.R. No. 75222, July 18, 1991
Petitioner Hannah Eunice D. Serana was a senior student of the University of the
Philippines-Cebu. She was appointed by then President Joseph Estrada on December
Facts: On March 4, 1980, Petitioner obtained a levy of attachment against the 21, 1999 as a student regent of UP, to serve a one-year term starting January 1, 2000
properties of spouses Carlos and Teresita Gatmaytan for a collection of sum of money and ending on December 31, 2000.
before the RTC of Pasig. On July 2, 1950, Three creditors, herein respondents filed a
petition for involuntary insolvency of spouses Gatmaytan in Pampanga and Angeles
City. In the early part of 2000, petitioner discussed with President Estrada the renovation of
Vinzons Hall Annex in UP Diliman. Petitioner with her siblings and relatives, registered
with the Securities and Exchange Commission the Office of the Student Regent
On December 10, 1980, Petitioner obtained a favorable judgment as the writ of Foundation, Inc. (OSRFI).
execution was issued in its favor. On September 21, 1981, the court ordered the
consolidation of ownership of petitioner over said properties. However, the Sheriff of One of the projects of the OSRFI was the renovation of the Vinzons Hall
Angeles City refused to issue a final certificate of sale in favor of the petitioner in view Annex. President Estrada gave P15,000,000.00 to the OSRFI as financial assistance
of the insolvency proceedings before the Pampanga and Angeles RTC. for the proposed renovation. The source of the funds was the Office of the President.
The renovation of Vinzons Hall Annex failed to materialize. The succeeding student
Issue: Whether or Not the levy of attachment in favor of the petitioner is dissolved by
regent, Kristine Clare Bugayong, and Christine Jill De Guzman, consequently filed a
the insolvency proceedings against respondent spouses, commenced four months
complaint for Malversation of Public Funds and Property with the Office of the
after said attachment.
Ombudsman.
Held: The Provision of Section 32 of the Insolvency Law (Act. No. 1956) is very clear The Ombudsman found probable cause to indict petitioner and her brother Jade Ian D.
that attachments dissolved are those levied within one month next proceeding the Serana for estafa, docketed as Criminal Case No. 27819 of the Sandiganbayan.
commencement of insolvency proceedings and judgments vacated and set aside, are
judgments entered in any action, including judgment entered by default or consent of Petitioner moved to quash the information. She claimed that Republic Act (R.A.) No.
the debtor, where the action was filed within 30 days immediately prior to the 3019, as amended by R.A. No. 8249, enumerates the crimes or offenses over which
commencement of the insolvency proceedings. In short, there is a cut-off period - 1 the Sandiganbayan has jurisdiction. It has no jurisdiction over the crime of estafa.
month in attachment cases and 30 days in judgments entered in actions commenced
prior to insolvency proceedings. Section 79 relied upon by private respondent is not in
Issue: W/N Sandiganbayan has jurisdiction over the offense charged (the issue related
conflict with that provision invoked by petitioner.
to the topic)
Evidently, the Sandiganbayan has jurisdiction over other felonies committed by public
officials in relation to their office. Plainly, estafa is one of those other felonies. The
jurisdiction is simply subject to the twin requirements that (a) the offense is committed
by public officials and employees mentioned in Section 4(A) of P.D. No. 1606, as
amended, and that (b) the offense is committed in relation to their office.
The rule is well-established in this jurisdiction that statutes should receive a sensible
construction so as to avoid an unjust or an absurd conclusion. Interpretatio talis in
ambiguis semper fienda est, ut evitetur inconveniens et absurdum. Where there is
ambiguity, such interpretation as will avoid inconvenience and absurdity is to be
adopted
Every section, provision or clause of the statute must be expounded by reference to
each other in order to arrive at the effect contemplated by the legislature. The intention
of the legislator must be ascertained from the whole text of the law and every part of
the act is to be taken into view.