G.R. No. L-58184
October 30 1981
FACTS:
There was a notice of strike with the MOLE for unfair labor
practices and the implementation of the Code of Conduct. Several conciliation
meetings called by the Ministry followed, with the Minister manifesting its
willingness to have a Revised Code of Conduct but with a plea that in the
meanwhile the Code of Conduct being imposed be suspended – a position that
failed to meet the approval of private respondent. Subsequently, respondent certified
the labor dispute to the NLRC for compulsory arbitration and enjoined any
strike at the private respondent’s establishment. Private respondent, following
the lead of petitioner labor union, explained its side on the controversy
regarding the Code of Conduct, the provisions of which as alleged in the spetition
were quite harsh, resulting in what it deemed indefinite preventive suspension
– apparently the principal cause of the labor dispute. Ople issued the certification
for compulsory arbitration pursuant to the provisions on strikes of the Labor
Code – this is to avoid adverse effects to the national interest.
ISSUE:
Whether or not there is undue delegation of
legislative power.
RULING:
The President “shall have control of the ministries.” It may
happen, therefore, that a single person may occupy a dual position of Minister
and Assemblyman. To the extent, however, that what is involved is the execution
or enforcement of legislation, the Minister is an official of the executive
branch of the government. The adoption of certain aspects of a parliamentary
system in the amended Constitution does not alter its essentially presidential
character.
However, it must be stressed that the exercise of such
competence cannot ignore the basic fundamental principle and state policy that
the state should afford protection to labor.
Whenever, therefore, it is resorted to in labor disputes causing or
likely to cause strikes or lockouts affecting national interest, the State
still is required to “assure the rights of workers to self-organization,
collective bargaining, security of tenure, and just and humane conditions of
work.”
