ANG TIBAY v. CIR, GR No.

46496, 1940-02-27
Facts:
The respondent National Labor Union, Inc., on the other hand, prays for the
vacation of the judgment rendered by the majority of this Court and the
remanding of the case to the Court of Industrial Relations for a new trial, and
avers:
"1. That Toribio Teodoro's claim that on September 26, 1938, there was
shortage of leather soles in ang tibay making it necessary for him to temporarily
lay off the members of the National Labor Union Inc., is entirely false and
unsupported by the records of the
Bureau of Customs and the Books of Accounts of native dealers in leather.
"2. That the supposed lack of leather materials claimed by Toribio Teodoro was
but a scheme adopted to systematically discharge all the members of the
National Labor Union, Inc., from work.
"3. That Toribio Teodoro's letter to the Philippine Army dated September 29,
1938, (re supposed delay of leather soles from the States) was but a scheme to
systematically prevent the forfeiture of this bond despite the breach of his
contract with the Philippine Army.
"4. That the National Workers' Brotherhood of ang TIBAY is a company or
employer union dominated by Toribio Teodoro, the existence and functions of
which are illegal. (281 U. S., 548, petitioner's printed memorandum, p. 25.)
"5. That in the exercise by the laborers of their rights to collective bargaining,
majority rule and elective representation are highly essential and indispensable.
(Sections 2 and 5, Commonwealth Act No. 213.)
"6. That the century provisions of the Civil Code which had been (the) principal
source of dissensions and continuous civil war in Spain cannot and should not be
made applicable in interpreting and applying the salutary provisions of a
modern labor legislation of American origin... where industrial peace has always
been the rule.
"7. That the employer Toribio Teodoro was guilty of unfair labor practice for
discriminating against the National Labor Union, Inc., and unjustly favoring the
National Workers' Brotherhood.
"8. That the exhibits hereto attached are so inaccessible to the respondents that
even with the exercise of due diligence they could not be expected to have
obtained them and offered as evidence in the Court of Industrial Relations.
"9. That the attached documents and exhibits are of such far-reaching
importance and effect that their admission would necessarily mean the
modification and reversal of the judgment rendered herein."
The petitioner, Ang Tibay, has filed an opposition both to the motion for
reconsideration of the respondent Court of Industrial Relations and to the motion
for new trial of the respondent National Labor Uuion, Inc.
The petitioner, Ang Tibay, has filed an opposition both to the motion for
reconsideration of the respondent Court of Industrial Relations and to the motion
for new trial of the respondent National Labor Uuion, Inc.
In view of the conclusion reached by us and to be hereinafter stated with
reference to the motion for a new trial of the respondent National Labor Union,
Inc., we are of the opinion that it is not necessary to pass upon the motion for
reconsideration of the Solicitor-General. We... shall proceed to dispose of the
motion for new trial of the respondent labor union. Before doing this, however,
we deem it necessary, in the interest of orderly procedure in cases of this
nature, to make several observations regarding the nature of the powers of the
Court of
Industrial Relations and emphasize certain guiding principles which should be
observed in the trial of cases brought before it. We have re-examined the entire
record of the proceedings had before the Court of Industrial Relations in this
case, and we have found no substantial... evidence to indicate that the
exclusion of the 89 laborers here was due to their union affiliation or activity.
The whole transcript taken contains what transpired during the hearing and is
more of a record of contradictory and conflicting statements of opposing
counsel, with... sporadic conclusion drawn to suit their own views. It is evident
that these statements and expressions of views of counsel have no evidentiary
value.
The Court of Industrial Relations is a special court whose functions are
specifically stated in the law of its creation (Commonwealth Act No. 103). It is
more an administrative board than a part of the integrated judicial system of the
nation. It is not intended to be a mere... receptive organ of the Government.
Unlike a court of justice which is essentially passive, acting only when its
jurisdiction is invoked and deciding only cases that are presented to it by the
parties litigant, the function of the Court of Industrial Relations, as will appear...
from perusal of its organic law, is more active, affirmative and dynamic. It not
only exercises judicial or quasi-judicial functions in the determination of disputes
between employers and employees but its functions are far more
comprehensive and extensive.
It has jurisdiction... over the entire Philippines, to consider, investigate, decide,
and settle any question, matter controversy or dispute arising between, and/or
affecting, employers and employees or laborers, and landlords and tenants or
farm-laborers, and regulate the relations between them,... subject to, and in
accordance with, the provisions of Commonwealth Act No. 103 (section 1).
It shall take cognizance for purposes of prevention, arbitration, decision and
settlement, of any industrial or agricultural dispute causing or likely to cause a
strike or lockout,... arising from differences as regards wages, shares or
compensation, hours of labor or conditions of tenancy or employment, between
employers and employees or laborers and between landlords and tenants or
farm-laborers, provided that the 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 of the
parties to the controversy and certified by the Secretary of Labor as existing and
proper to be dealth with by the
Court for the sake of public interest.
In the light of the foregoing fundamental principles, it is sufficient to observe
here that, except as to the alleged agreement between the Ang Tibay and the
National Workers' Brotherhood (appendix A), the record is barren and does not
satisfy the thirst for a factual basis upon... which to predicate, in a rational way,
a conclusion of law.
Issues:
act... according to justice and equity and substantial merits of the case, without
regard to technicalities or legal forms and shall not be bound by any technical
rules of legal evidence but may inform its mind in such manner as it may deem
just and equitable." (Section 20,... Commonwealth Act No. 103.) It shall not be
restricted to the specific relief claimed or demands made by the parties to the
industrial or agricultural dispute, but may include in the award, order or decision
any matter or determination which may be deemed necessary or expedient...
for the purpose of settling the dispute or of preventing further industrial or
agricultural disputes.
Ruling:
This result, however, does not now preclude the concession of a new trial
prayed for by the respondent National Labor Union, Inc. In the portion of the
petition hereinabove quoted of the National Labor Union, Inc., it is alleged that
"the supposed lack of leather material... claimed by Toribio Teodoro was but a
scheme adopted to systematically discharge all the members of the National
Labor Union, Inc., from work" and this averment is desired to be proved by the
petitioner with the "records of the Bureau of Customs and the Books of Accounts
of... native dealers in leather"; that "the National Workers' Brotherhood Union of
Ang Tibay is a company or employer union dominated by Toribio Teodoro, the
existence and functions of which are illegal." Petitioner further alleges under
oath that the exhibits attached to the petition... to prove his substantial
averments "are so inaccessible to the respondents that even with the exercise
of due diligence they could not be expected to have obtained them and offered
as evidence in the Court of Industrial Relations", and that the documents
attached to the petition
"are of such far reaching importance and effect that their admission would
necessarily mean the modification and reversal of the judgment rendered
therein." We have considered the reply of Ang Tibay and its arguments against
the petition. By and large, after considerable... discussion, we have come to the
conclusion that the interest of justice would be better served if the movant is
given opportunity to present at the hearing the documents referred to in his
motion and such other evidence as may be relevant to the main issue involved.
The... legislation which created the Court of Industrial Relations and under which
it acts is new. The failure to grasp the fundamental issue involved is not entirely
attributable to the parties adversely affected by the result. Accordingly, the
motion for a new trial should be, and... the same is hereby granted, and the
entire record of this case shall be remanded to the Court of Industrial Relations,
with instruction that it reopen the case, receive all such evidence as may be
relevant, and otherwise proceed in accordance with the requirements set forth...
hereinabove. So ordered.
Motion for new trial granted and cause remanded with instructions.