Silva vs. Cabrera, GR No. L-3629.

Facts:
In the Public Service Commission Belen Cabrera filed an application for a certificate of public convience
to install, maintain, and work in the City of Lipa, an ice plant with a 15-ton day by day productive
capacity and to sell the produce of said plant in... a few regions of Batangas territory just as in the City
of Lipa. Eliseo Silva and Opulenda and Lat, holders of certificates of public convenience to operate each
a 5-ton ice plant, opposed the application on the ground that their administration was satisfactory for
the requirements... of the general population, and that public accommodation didn't need the activity of
the ice plant applied for by Cabrera.

In the Public Service Commission Belen Cabrera documented an application peak a testament of public
accommodation to introduce, keep up with, and work in the City of Lipa, an ice plant with a 15-ton day
by day productive capacity and to sell the produce of said plant in a few municipality of Batangas
province just as in the City of Lipa.

Eliseo Silva and Opulenda and Lat, holders of certificate of public convenience to work each a 5-ton ice
plant, gone against the application on the ground that their administration was adequate for the needs
of the general population, and that public accommodation didn't need the activity of the ice plant
applied for by Cabrera.

Issues:
After examining the law, particularly the language used in sections 3 and 32, above-quoted, agree with
the petitioner that the delegation made to Attorney Aepillera, especially considering the manner in
which he received the evidence, was contrary to the provisions of the Public Service

Ruling:
The law (sec. 3) is evident that in a contested case like the present, just the Commission in bane is
approved to lead the meeting, in spite of the fact that said Commission might assign the gathering of the
proof to one of the Commissioners who will answer to the Commission in bane, the proof so received by
him.

NATIONAL FEDERATION OF LABOR v. CARLITO A. EISMA, GR No. L-61236, 1984-01-31

Facts:
petitioner National Federation of Labor, on March 5, 1982, filed with the Ministry of Labor and
Employment, Labor Relations Division, Zamboanga City, a request for direct accreditation as the sole
selective aggregate dealing illustrative of the month to month paid representatives of the respondent
Zamboanga Wood Products Inc. at its assembling plant in Lumayao, Zamboanga City Such
representatives, on April 17, 1982 charged respondent firm before a similar office of the Ministry of
Labor for... underpayment of month to month living remittances.
on May 3, 1982, from petitioner union, a notification of strike against private respondent, charging illicit
end of Dionisio Estioca, leader of the said neighborhood association; unreasonable work practice;
delinquency of living remittances; and "work of abusive outsider administration faculty without
appropriate grant.

On July 9, 1982, private respondent Zambowood documented an objection with respondent Judge
against the officials and individuals from applicants association, for "harms for... hindrance of private
property with petition for fundamental directive and additionally controlling request

It was asserted that litigants, presently applicants, barred the street prompting its assembling division, in
this manner forestalling clients and providers free entrance to or departure from such premises.

Issues:
whether or not it is a court or a labor arbiter that can pass on a suit for damages filed by the employer,
here private respondent Zamboanga Wood Products respondent Judge being devoid of jurisdiction to
act on the matter.

Which tribunal has exclusive jurisdiction over an action filed by an employee against his employer for
recovery of unpaid salaries, separation benefits and damages--the court of general jurisdiction or the
Labor Arbiter of the National Labor Relations Commission.

Ruling:
Article 217, returning the first purview to the work referees, along these lines empowering then to
choose "3. All cash cases of laborers, including those dependent on default or underpayment of wages,
overtime remuneration, partition pay and different advantages given by law or suitable arrangement,
with the exception of cases for representatives pay, government backed retirement, federal health care
and maternity benefits; All different cases emerging from business representative relations except if
explicitly prohibited by this Code." A similarly convincing appearance of the absence of locale of a court
of first example then, at that point, a local preliminary court currently, is Batas Pambansa Blg.

130, changing Article 217 of the Labor Code. It produced results on August 21, 1981. Subparagraph 2,
passage is currently phrased subsequently: " those that include compensation, long periods of work and
different agreements of business" this is to be contrasted and the previous expressiveness: " irritating
issue in aggregate haggling, including those that include compensation, long periods of work and
different agreements of business." It is to be noticed that Batas Pambansa Blg. 130 rolled out no
improvement as for the unique and restrictive locale of Labor Arbiters concerning cash cases of laborers
or cases for harms emerging from manager representative relations.

We decide that the Labor Arbiter has select locale over the case. Then, at that point came this piece of
the... assessment: "Purview over the topic in an official action is given by the sovereign position which
coordinates the court; and it is given simply by law. Purview is rarely assumed; it should be presented by
law in words that don't concede to question.
G.R. No. 172409
Facts:

A complaint for illicit dismissal and cash claims was filed against Roos (for brevity) before the NLRC. Jose
(Martillos, for curtness) alledged that he had been recruited as a driver-repairman in 1988 however was
not made to sign any employment contract by Roos. Roos battled that Martillos had been recruited on a
few events as an undertaking representative and that his business was coterminous with the span of the
ventures.

The Labor artiber decided for Martillos finding that he had obtained the situation with an ordinary
worker as he was recruited as a driver with little interruption starting with one project then onto the
next, an assignment which is important to the typical exchange of his boss. The Labor Arbiter requested
Roos to pay Martillos the total amount of P224,647.17 addressing backwages, separation pay, salary
differential, holiday pay, service incentive and thirteenth month pay.

Roos filed an appeal however as opposed to posting the necessary money or guarantee security inside
the reglementary period, Roos recorded a movement for expansion of time to submit/post guarantee
security.

The second Division of the NLRC dismissed Roos' appeal for absence of ward expressing that the bond is
an irreplaceable imperative for the flawlessness of an appeal by the business and that the flawlessness
of an allure inside the reglementary period and in the way endorsed by law is compulsory and
jurisdictional.

Issues

Whether or not the filing of the appeal bond is substantial compliance with the NLRC rules.

Ruling

The NLRC did not acquire jurisdiction over petitioners’ appeal within the ten (10)-day reglementary
period to perfect the appeal as the appeal bond was filed eight (8) days after the last day thereof.
LORENZO TANADA ET AL VS HON JUAN C. TUVERA ET AL - GR NO. L-63915

Facts:

Petitioners filed a Petition for Mandamus compelling the respondents to publish all presidential decrees
that are not published yet, regardless if these decrees were able to provide for their own effectivity.The
Solicitor General, representing the respondents, moved for the dismissal of the case, contending that
petitioners have no legal personality to bring the instant petition.

Issues:

Whether or not publication in the Official Gazette or any other form of  is required before any law to
take effect?

Ruling:

the court agreed that it's essential for any law or statute to be distributed first before they become
compelling as it's unlawful for somebody to be rebuffed for abusing a law which he got no notice about,
and there would be no reason for the utilization of Article 3, in this way forestalls fair treatment to
occur. Subsequently, the court requested the rsepondents to distribute all unpublished official issuances
in the Official Gazette—up to that point, these official issuances won't produce results.

G.R. No. 192117

Facts:

Petitioners Batangas I Electric Cooperative, Inc. (BATELEC I), Quezon I Electric Cooperative, Inc.
(QUEZELCO I), Quezon II Electric Cooperative, Inc. (QUEZELCO II) and Pampanga Rural Electric Service
Cooperative, Inc. (PRESCO) are country electric cooperatives set up under P.D. No. 269. BATELEC I,
QUEZELCO I and QUEZELCO II are individuals from the Association of Southern Tagalog Electric
Cooperatives, Inc. (ASTEC). PRESCO is an individual from the Central Luzon Electric Cooperatives
Association, Inc. (CLECA). BATELEC I, et al. are occupied with the distribution of electricity.

Issues:

Whether or not the assailed orders are invalid for non-publication, non-submission to the U.P. Law
Center and for their retroactivity?
Ruling:

The petition is partly meritorious. Procedural due process demands that administrative rules and
guidelines be distributed to be successful. In Tada v. Tuvera, this Court explained the crucial necessity of
distribution, consequently: "We hold subsequently that all resolutions, including those of local
application and private laws, will be distributed as a condition for their effectivity, which will start fifteen
days after distribution except if an alternate effectivity date is fixed by the assembly. Managerial
standards and guidelines should likewise be distributed if their motivation is to authorize or execute
existing law compatible additionally to a legitimate designation."