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G.R. No.

L-1309 July 26, 1948 referring only to the particular and maximum hours of work
contidiano permitted in industrial establishments day of 8 hours.
THE SHELL COMPANY OF PHILIPPINE ISLANDS, LIMITED,
recurrente,
vs. Our conclusion is that the workers' union has appealed the reason for
NATIONAL LABOR UNION, recurrida. his party. For a clear and comprehensive ELUCIDACION of the points
discussed, estmamos desirable, even at the risk of extending this
Mr. Ross, Selph, Carrasco and Janda in the representation of paper, transcribing lasdisposiciones that are relevant legal articles 1,
appellant. 4 and 13 of Commonwealth Act no. 103. Helas here:
Mr. Paguia and Villanueva in representation of the appeal.
SECTION 1. The Judge: his appointment, qualifications,
BRIONES, J.: compensation, tenure. � There is hereby created a Court of
Industrial Relations, which shall have jurisdiction over the entire
Philippines, to consider, investigate, decide, and settle any question,
Acting on a request for the entity worker named "National Labor matter, controversy or dispute arising between, and/or affecting,
Union," the Industrial Relations Court has rendered a decision in employers and employees or laborers, and landlords and tenants or
which, among other things, obliges signing oil "The Shell Company of farm-laborers, and regulate the relation between them, subject to,
Philippine Islands, Limited to pay their workers who work at night and in accordance with, the provisions of this Act. The Court shall
(after the sun sets until he gets up the following day) additional keep a record of all its proceedings and shall be presided over by a
compensation of 50% over their regular wages if they work day. It Judge to be appointed by the President of the Philippines with the
seems that the company needs the night service of a certain number consent of the Commission on Appointments of the National
of workers, because the planes from abroad often landing and taking Assembly. The Judge of the Court shall hold office during good
off at night, why is it necessary to become chores at night for the behavior until he reaches the age of seventy years, or becomes
supply of gasoline and lubricants, and other duties. The oil company incapacitated to discharge the duties of his office. His qualifications
has exceptions against the decision of ahi this action for certiorari to shall be the same as those provided in the Constitution for members
rescind it. of the Supreme Court and he shall receive an annual compensation
of ten thousand pesos and shall be entitled to traveling expenses
The company appellant claims and argues that not only there is no and per diems when performing official duties outside of the City of
legal provision to empower the Industrial Relations Court to order the Manila. The Department of Justice shall have executive supervision
payment of additional compensation to workers who work at night, over the Court.
but on the contrary, the Commonwealth Act. 444 absolve the
employer of such is any time in this law are provided where it is SEC. 4. Strikes and lockouts. � The Court shall take cognizance for
compulsory to pay "overtime" (additional compensation), and among purpose of prevention, arbitration, decision and settlement, of any
such cases not included work at night. industrial or agricultural dispute causing or likely to cause a strike or
For its part, the union workers' appeal argues that the option under lockout, arising form differences as regards wages, shares or
discussion is part of the broad powers and effective than the compensation, hours of labor or conditions of tenancy or
Commonwealth Act. 103 letter Organic Industrial Relations Court employment, between employers and employees or laborers and
gives the court and the law. 444 Commonwealth which is invoked has between landlords and tenants or farm-laborers, provided that the
no application to this case because it is necessarily limited in scope, number of employees, laborers or tenants or farm-laborers involved
exceeds thirty, and such industrial or agricultural dispute is
submitted to the Court by the Secretary of Labor, or by any or both or between workers and owners and landowners or farm workers
of the parties to the controversy and certified by the Secretary of after fulfilling certain requirements and conditions, when viere
Labor as existing and proper to be dealt with by the Court for the dispute that causes or could cause a strike, (c) that in exercising its
sake of public interest. In all such cases, the Secretary of Labor or the powers specified above, the Industrial Relations Court is not limited
party or parties submitting the disputes, shall clearly and specifically to decide the dispute, to grant the remedy or remedies requested by
state in writing the questions to be decided. Upon the submission of the parties to the dispute, but may include in the order or decision or
such a controversy or question by the Secretary of Labor, his determination any material for the purpose of settling the dispute or
intervention therein as authorized by law, shall cease. to prevent further disputes industrial or agricultural use.

The Court shall, before hearing the dispute and in the course of such For us there is undoubtedly a dispunta industry. While the company,
hearing, endeavor to reconcile the parties and induce them to settle the company Shell, is not willing to pay their workers higher wages to
the dispute by amicable agreement. If any agreement as to the night workers round, "NationalLabor Union", which are affiliated to
whole or any part of the dispute is arrived at by the parties, a the trabajadoresde Shell, claiming other wages for service Night 50%
memorandum of its terms shall be made in writing, signed and more. This is the dispute, the industrial dispute. However, that has
acknowledged by the parties thereto before the Judge of the Court or made the Court of Industrial Relations, submitted after the conflict to
any official acting in his behalf and authorized to administer oaths or its jurisdiction? It sends precisely what this law. 103 Commonwealth
acknowledgments, or, before a notary public. The memorandum shall letter organica its creation and operation, namely to consider,
be filed in the office of the Clerk of the Court, and, unless otherwise investigate and prosecute the dispute, after resolviedola in the sense
ordered by the Court, shall, as between the parties to the agreement, that it has solved, that is, paid work at night with a 50% over wages
have the same effect as, and be deemed to be, a decision or award. Day. And this is perfectly legal within the scope of article 1 of the Act.
103 which empowers the Industrial Relations Court to decide any
dispute over wages and compensation as it deems reasonable and
SEC. 13. Character of the award. � In making an award, order or appropriate, and within the framework of Article 4 of the same law
decision, under the provisions of section four of this Act, the Court that authorizes the court to prosecute and decide any dispute or
shall not be restricted to the specific relief claimed or demands made controversy industrial or agricultural determined by the outbreak of a
by the parties to the industrial or agricultural dispute, but may strike or tends to cause it. But still: What made by the Industrial
include in the award, order or decision any matter or determination Relations Trbunal in this case is also legal within the framework of
which my be deemed necessary or expedient for the purpose of Article 13 of the same Act. 103, article which, as can be seen, not
setting the dispute or of preventing further industrial or agricultural only empowers the court to grant the remedy that recabanlas
disputes. parties, but even go beyond, namely to grant remedies not expressly
requested, provided that they solve a encamienen After the dispute
Clearly the provisions transcribed as follows: (a) that when a dispute or to prevent the outbreak of further disputes or strikes.
arises between the principal and the employee or worker, Vgr. on
issues of wages, the Industrial Relations Court has jurisdiction Clearly, these broad powers to the states has proposed equipping the
throughout the Philippines to consider, investigate and resolve this Industrial Relations Court to the maximum possible utility and
dispute, setting the salaries it deems fair and reasonable, (b) that for efficiency, making it not a simple agency academically, but truly
the purposes of prevention, arbitration decision and arrangement, active, dynamic and efficient in a word, Machinery official par
the Industrial Relations Court have equal jurisdiction over any excellence in the formidable and thorny task of resolving industrial
dispute arising from industrial or agricultural any differences over disputes, yagricolas of some sort, preventing and avoiding in this
wages, shares or compensation, working hours, conditions of way these work stoppages and strikes that afflict and damage not
employment or the partnership between employers and employees only to businesses and workers, but in general , The entire
community. In his concurring opinion rendered in the case of Ang SEC. 4. No person, firm, or corporation, business establishment or
Tibay against authoritative Relations Court Industriales1 (GR no. place or center of labor shall compel an employee or laborer to work
46496), Magister Laurel has expressed quite rightly stresses the during Sundays and legal holidays, unless he is paid an additional
fundamental idea that the creation of that court, with the following sum of at least twenty-five per centum of his regular remuneration:
statement: Provided however, That this prohibition shall not apply to public
utilities performing some public service such as supplying gas,
In Commonwealth Act No. 103, and by it, our government no longer electricity, power, water, or providing means of transportation or
performs the role of mere mediator or intervenor but that of supreme communication.
arbiter. (Las cursivas son nuestras.).
Since argumentanlos attorneys that the appellant in these articles
The appellant argues, however, that while it is true that if the dispute are specified cases in which authorizes the payment of extra
relaciiones Industrial Court has, under its organic law, the power to compensation or extra and are only, namely: (a) where "overtime" or
set wages, such power is not absolute, but is subject to certain work in excess of regular hours because imperiosasde urgency in
cortapizas and restrictions, provided in the law commonly known by connection with any disaster or accident, or to avoid lost or repair,
law on the eight-hour day, the Commonwealth Act. 444, whose (b) if working on Sundays and holidays, (c) in case of emergency, and
articles are relevantly transcribed entirely below: there is nothing that relates to work at night, then the order in
question was illegal because not authorized by law. "In the absence
of lawyers emphasize the appellant legislation authorizing the
SECTION 1. The legal working day for any person employed by payment of extra compensation for work done at night, the Court of
another shall be of not more than eight hours daily. When the work is Industrial Relations has no power or authority to order the petitioner
not continuous, the time during which the laborer is not working and company to pay extra compensation for work done by its laborers at
can leave his working place and can rest completely shall not be night. Expressio unius est exclusions alterius. Where, as in the case
counted. at bar, statute expressly specifies the cases where payment of extra
compensation may be demanded, extra compensation may be
SEC. 3. Work may be performed beyond eight hours a day in case of allowed in those cases only, and not in others. The provisions of the
actual or impending emergencies caused by serious accidents, fire, Commonwealth Act. 444 can not be enlarged by implication or
flood, typhoon, earthquake, epidemic, or other disaster or calamity in otherwise. Expressum facit cessare tacitum.
order to prevent loss to life and property or imminent danger to
public safety; or in case urgent work to be performed on the The argument is misconceived. The Law no. 444 is not applicable to
machines, equipment, or installations in order to avoid a serious loss this case, being clear that it has a specific purpose, namely: (a) set in
which the employer would otherwise suffer, or some other just cause the maximum working 8 hours of work, (b) noted that in certain
of a similar nature; but in all such cases the laborers and employees exceptional cases may be allowed work outside this time, (c) provide
shall be entitled to receive compensation for the overtime work a sobresueldo, which must not be less than 25% of regular salary, for
performed at the same rate as their regular wages or salary, plus at "overtime" or work in excess of 8 hours.
least twenty-five per centum additional.
In the case of Manila Electric, applicant-appellant, against Utities The
In case of national emergency the government is empowered to Public Employees' Association, appealed 2, L-1206 (45 Off. Gaz.,
establish rules and regulations for the operation of the plants and 1760), this Court has held that the power conferred by Article 1 of
factories and to determine the wages to be paid the laborers. Law Commonwealth. 103 the Industrial Relations Court to decide
enjuciar and industrial disputes and lawsuits between capital and
labour, which includes the setting of wages and compnsaciones
employees and workers, has been restricted by Article 4 of Law No. The question that we believe, must be determined is whether the
Commonwealth. 444, that while only 25% of salary or compensation general powers of the Court of Industrial Relations which are allowed
regular worker the minimum of additional compensation that the without dipusta, considering this the night the day as a full-time
court may grant for work on Sundays and holidays, exempt from work; estimation as the most burdensome that day by day, and
payment of additional compensation to such entities public utility consequently, to provide and manage to be remunerated with 50%
providing some public services, such as those providing gas, more than regular daytime wages. Our answer is yes: all this is
electricity, force mortriz, water, or provide means of transportation or understood among the general powers of the Court of Industrial
communication. Such a restriction amounts to an exception to the Relations. If this court has, in cases of dispute, the power to set
general power of the court to fix, in cases of dispute, wages and wages as it considers fair and reasonable for the work day, there is
compensations to be paid by employers to employees and workers, no reason not to have the same power regarding wages at night;
and as you said Article 4 refers only to wages or compensation for work is so what another one like it. And with regard wing
work during the day Sunday and holidays, it obviously can not cover appreciation of the work at night is more cumbersome and expensive
salary or additional compensation for work beyond eight hours than the day and, therefore, deserves more pay, there is no
lajornada which usually take place from early hours of the morning to motivospara revoke or alter. There is no possible argument against
late afternoon, because one thing is to work on days of Sunday and the universal fact that the regular work, is the normal and ordinary
public holidays, and is otherwise quite different work at night outside day, and that work at night is very exceptional and justified only for
of the eight-hour day on weekdays. Applying the legal maximum certain reasons absolutely unavoidable. For something humanity has
"expressió unius est exclusions alterius," can be sustained without trabajadosiempre day.
fear of being wrong, that a law that provides a specific exception to
its general provisions, such as additional compensation for work on For reasons of hygiene, medicine, morality, culture, sociology, set
days of Sunday and public holidays, excludes any otherwise, such as together that work at night has many drawbacks, and when there is
additional compensation for work at night on weekdays. "Another no choice but to do that is only fair remuneration that is better than a
case in which this maxim may almost invariably followed by statute regular indemnifying Hasan point the worker such drawbacks. There
is that of which makes certain specific exceptions to its general is no doubt that working at night in the long run not only affects the
provisions. Here wemay safely assume that all other exceptions were health of the worker, but this deprives him of certain things that
intended to be excluded. " (Wabash R. Co. Vs. United States, 178 make relatively comfortable life, as Vgr. A full and uninterrupted
Fed., 5, 101 CCA 133; Cella Commission Co. Vs. Bohlinger, 147 Fed., sleep and some moments of solace , Leisure and cultural or spiritual
419, 78 CCA 467; vs. Kunkalman. Gibson, 171 Ind., 503; 84 NE 985; expansion that would have to finish the job in the afternoon and
vs. Hering. Clement, 133 App. Div., 293, 117 NY, Supp. 747.). during the early hours of the night. It is said that the worker can rest
day after having worked all night, but we can give the rest of the
The work denoche Shell that the company requires of its workers is body that day and that tonic effect complete repairs that can only
not talmente an "overtime" in the sense that this word is used in the provide the natural sleep at night? It also says that some prefer to
Le. 444, but is a full-time work, also from 8 am: only that, instead of work at night under our scorching weather, thereby avoiding the heat
day done, is done at night. In other words, work at night that is here of the day. Many fear, however, that this is best spoken to Pratica.
is not just unexceso, prolongation or "overtime" work regular day, We believe that since time immemorial universal rule is that the man
but that is another kind of work, totally independent of daytime who works the night out of necessity more hopeless than pleasant
hours. So there are two shifts: the shift of laborers working day and convenience.
the turn of those who work at night. So no wonder that the
legislature did not include this type of work between cases of In the opinion vulgar, universal, we must add the opinion pericial, the
"overtime" mentioned in the said law. 444. criterion specialist. The views of scholars and experts militates
strongly in favor of the proposition that work at night is more sleep during the day make it unwise for workers to remain on
expensive and hard work that day, considering this with a strong the"graveyard" shift for more than a week at a time. Opponents urge
disgust and thus compel the capitalist managers to establish a scale that repeated changes make it more difficult to settle down to either
higher Wage as an incentive for workers to accept it. One could cite kind of shift and that after the first week nightwork becomes less
viri authorities, but not to overstretch this paper we opted for only trying while the ability to sleep by day increases. Workers
some transcriber, namely: themselves react in various ways to the different systems. This
much, however, is certain: Few persons react favorably to nightwork,
. . . Then, it must be remembered that it is distinctly unphysiological whether the shift be continuous or alternating. Outside of continuous
to turn the night into day and deprive the body of the beneficial industries, nightwork can scarcely be justified, and, even in these, it
effects of sunshine. The human organism revolts against this presents serious disadvantages which must be recognized in planing
procedure. Added to artificial lighting are reversed and unnatural for industrial efficiency, stabilization of the working force, the
times of eating, resting, and sleeping. Much of the inferiority of promotion of industrial good-will, and the conservation of the health
nightwork can doubtless be traced to the failure of the workers to and vitality of the workers.
secure proper rest and sleep, by day. Because of inability or the lack
of opportunity to sleep, nightworkers often spend their days in Nightwork cannot be regarded as desirable, either from the point of
performing domestic duties, joining the family in the midday meal, view of the employer or of the wage earner. It is uneconomical unless
'tinkering about the place', watching the baseball game, attending overhead costs are unusually heavy. Frequently the scale of wages is
the theater or taking a ride in the car. It is not strange that higher as an inducement to employees to accept employment on the
nightworkers tend to be less efficient than dayworkers and lose more night shift, and the rate of production is generally lower.
time. . . (The Management of Labor Relations, by Watkins & Dodd, (Management of Labor Relations, by Watkins & Dodd, pp. 522-524;
page 524.). emphasis ours.)

Nightwork. � Nightwork has gained a measure of prominence in the . . . The lack of sunlight tends to produce anemia and tuberculosis
modern industrial system in connection with continuous industries, and to predispose to other ills. Nightwork brings increased liability to
that is, industries in which the nature of the processes makes it eyestrain and accident. Serious moral dangers also are likely to result
necessary to keep machinery and equipment in constant operation. from the necessity of traveling the streets alone at night, and from
Even in continuous industries the tendency is definitely in the the interference with normal home life. From an economic point of
direction of FOUR shifts of 6 hours each, with provision for an view, moreover, the investigations showed that nightwork was
automatic change of shift for all workers at stated intervals. Some unprofitable, being inferior to day work both in quality and in
discussion has taken place with regard to the lengths of the period quantity. Wherever it had been abolished, in the long run the
any workers should be allowed to remain on the night shift. A weekly efficiency both of the management and of the workers was raised.
change of shifts is common, specially where three or four shifts are in Furthermore, it was found that nightwork laws are a valuable aid in
operation; in other cases the change is made fortnightly or monthly; enforcing acts fixing the maximum period of employment. (Principles
in still other instances, no alternation is provided for, the workers of Labor Legislation, by Commons and Andrews, 4th Revised Edition,
remaining on day � or nightwork permanently, except where p. 142.)
temporary changes are made for individual convenience.
Special regulation of nightwork for adult men is a comparatively
There is sharp difference of opinion concerning the relative merits of recent development. Some European countries have adopted laws
these systems. Advocates of the weekly change of shifts contend placing special limitations on hours of nightwork for men, and others
that the strain of nightwork and the difficulty of getting adequate prohibit such work except in continuous processes. (Principles of
Labor legislation, 4th Revised Edition by Common & Andrews, p. Industrial experience has shown that the possession of extra-ordinary
147.) physical strength and self-control facilitates the reversal of the
ordinary routine of day work and night rest, with the little or no
Nightwork has almost invariably been looked upon with disfavor by unfavorable effect on health and efficiency. Unusual vitality and self-
students of the problem because of the excessive strain involved, control, however, are not common possessions. It has been found
especially for women and young persons, the large amount of lost that the most serious obstacle to a reversal of the routine is the lack
time consequent upon exhaustion of the workers, the additional of self-discipline. Many night workers enter into the numerous
strain and responsibility upon the executive staff, the tendency of activities of day life that preclude sleep, and continue to attempt to
excessively fatigued workers to "keep going" on artificial stimulants, do their work at night. Evidence gathered by the British Health of
the general curtailment of time for rest, leisure, and cultural Munition Workers' Committee places permanent night workers,
improvement, and the fact that night workers, although precluded to whether judged on the basis of output or loss of time, in a very
an extent from the activities of day life, do attempt to enter into unfavorable positions as compared with day workers.
these activities, with resultant impairment of physical well-being. It is
not contended, of course, that nightwork could be abolished in the Systems of nightwork differ. There is the continuous system, in which
continuous-process industries, but it is possible to put such industries employees labor by night and do not attend the establishment at all
upon a three- or four-shifts basis, and to prohibit nightwork for by day, and the discontinuous system, in which the workers change
women and children. (Labor's Progress and Problems, Vol. I, p. 464, to the day turn at regular intervals, usually every other week. There
by Professors Millis and Montgomery.) are, of course, minor variations in these systems, depending upon
the nature of the industry and the wishes of management. Such
Nightwork. � Civilized peoples are beginning to recognize the fact bodies as the British Health Munition Workers' Committee have given
that except in cases of necessity or in periods of great emergency, us valuable conclusions concerning the effect of nightwork.
nightwork is socially undesirable. Under our modern industrial Continuous nightwork is definitely less productive than the
system, however, nightwork has greatly aided the production of discontinuous system. The output of the continuous day shift does
commodities, and has offered a significant method of cutting down not make up for this loss in production.
the ever-increasing overhead costs of industry. This result has led
employers to believe that such work is necessary and profitable. There is, moreover, a marked difference between the rates of output
Here again one meets a conflict of economic and social interests. of night and day shifts on the discontinuous plan. In each case
Under these circumstances it is necessary to discover whether investigated the inferiority of night labor was definitely established.
nightwork has deleterious effects upon the health of laborers and This inferiority is evidently the result of the night worker's failure to
tends to reduce the ultimate supply of efficient labor. If it can proved secure proper amounts of sleep and rest during the day. The system
that nightwork affects adversely both the quality and quantity of of continuous shifts, especially for women, is regarded by all
productive labor, its discontinuance will undoubtedly be sanctioned investigators as undesirable. Women on continuous nightwork are
by employers. From a social point of view, even a relatively high likely to perform domestic duties, and this added strain undoubtedly
degree of efficiency in night operations must be forfeited if it is accounts for the poorer results of their industrial activities. The
purchased with rapid exhaustion of the health and energy of the tendency to devote to amusement and other things the time that
workers. From an economic point of view, nightwork may be should be spent in rest and sleep is certainly as common among men
necessary if the employer is to meet the demand for his product, or if as among women workers and accounts largely for the loss of
he is to maintain his market in the face of increasing competition or efficiency and time on the part of both sexes in nightwork.
mounting variable production costs.
The case against nightwork, then, may be said to rest upon several
grounds. In the first place, there are the remotely injurious effects of
permanent nightwork manifested in the later years of the worker's
life. Of more immediate importance to the average worker is the
disarrangement of his social life, including the recreational activities
of his leisure hours and the ordinary associations of normal family
relations. From an economic point of view, nightwork is to be
discouraged because of its adverse effect upon efficiency and
output. A moral argument against nightwork in the case of women is
that the night shift forces the workers to go to and from the factory in
darkness. Recent experiences of industrial nations have added much
to the evidence against the continuation of nightwork, except in
extraordinary circumstances and unavoidable emergencies. The
immediate prohibition of nightwork for all laborers is hardly
practicable; its discontinuance in the case of women employees is
unquestionably desirable. 'The night was made for rest and sleep and
not for work' is a common saying among wage-earning people, and
many of them dream of an industrial order in which there will be no
night shift. (Labor Problems, 3rd Edition, pp. 325-328, by Watkins &
Dodd.).

In merits of the above, refusing the appeal of certiorari filed and


confirmed the judgement of the Court Of Reclaciones Industrial, with
costs to be borne by appellant. So is ordered.

Paras, Pres. Interino, Feria, Pablo, Perfecto, Bengzon, Padilla and


Tuason, MM., estan conformes.

Footnotes

1
69 Phil., 635.

2
79 Phil., 409.

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