Title
Gonzales vs. Secretary of Labor
Case
G.R. No. L-6409
Decision Date
Feb 5, 1954
Employee Gonzales claimed overtime pay from employer Sy Kot, who invoked self-incrimination prematurely during investigation. Supreme Court ruled invocation improper, granted certiorari, annulled Labor Secretary's decision.

Case Summary (G.R. No. 80007)

Background of the Case

Leopoldo Gonzales filed a claim for overtime pay totaling P13,212.59 with the Wage Administration Service. During the investigation and arbitration process, Sy Kot was summoned as a witness. However, he invoked his constitutional right against self-incrimination, citing potential penalties for violations related to overtime pay.

Legal Proceedings and Arguments

The investigator accepted Sy Kot's invocation of his right and ordered his withdrawal from the stand without further questioning. The decision was later upheld by the Secretary of Labor on November 17, 1952. Gonzales contested this ruling, filing a writ of certiorari on the grounds that the decision was arbitrary and constituted grave abuse of discretion. He argued that, except in criminal cases, it is permissible for one party to call their adversary as a witness, as outlined in Section 83 of Rule 123 of the Rules of Court.

Self-Incrimination and Procedural Fairness

The Court addressed the interplay between a party's right to call their adversary as a witness and the constitutional protection against self-incrimination. It emphasized that the right against self-incrimination can only be legitimately invoked when a specific question that may elicit a self-incriminating response is asked. Prior to questioning, it is impossible to ascertain whether the response would be self-incriminating, thus affirming the necessity of allowing Sy Kot to be questioned before any claims of privilege could be appropriately evaluated.

Review of the Secretary of Labor's Authority

The Court rejected the argument presented by the Solicitor General on behalf of the Secretary of Labor that Gonzales's only recourse was to appeal to the President of the Philippines. It pointed out that the existing law, specifically Section 7 of R

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