Title
Lee Tay and Lee Chay, Inc. vs. Kaisahan ng mga Manggagawa sa Kahoy sa Filipinas
Case
G.R. No. L-7791
Decision Date
Apr 19, 1955
A labor dispute arose over gratuity computation and salary differentials after a sawmill's lease; court upheld six-day gratuity and dismissed untimely appeal.

Case Summary (G.R. No. L-7791)

Factual Background

The petitioner operated a sawmill under the trade name "General Sawmill" and experienced financial difficulties that reduced worker attendance to three days a week by the end of 1950. A labor dispute between the petitioner and the respondent union arose and was brought before the Court of Industrial Relations as Case No. 373-V. On March 31, 1951 the parties executed a court-approved agreement that provided, among other terms, that if petitioner sold or leased its lumber business the purchaser or lessee should employ all affected laborers under existing terms, and, if the purchaser or lessee did not engage in the lumber business or did not employ all laborers, petitioner would pay a gratuity according to a specified schedule tied to commencement years of employment.

Post-Agreement Events and Employment

After the court-approved settlement, petitioner leased the sawmill to the Alaska Lumber Company. When Alaska commenced operations in January, 1952, it rehired only eighteen of petitioner's former laborers and replaced others with new workers. Of the eighteen rehired, fifteen accepted employment under terms they deemed satisfactory, while three were found to have accepted re-employment at lower rates than they had received under petitioner.

Court of Industrial Relations Proceedings and Orders

The respondent demanded compliance with the settlement's gratuity provision because not all laborers were rehired. On January 28, 1953 the Court of Industrial Relations ordered petitioner to pay the gratuities in accordance with the agreement, excluding those rehired and satisfied with their new employment; computation of the gratuities was to be made by the Chief of the Examining Division with participation by representatives of both parties. The court also awarded salary differentials to the three rehired laborers who had accepted lower pay. Motions for reconsideration were filed and denied by the court.

Computation Dispute and Annex A

The Chief of the Examining Division submitted Annex A on December 8, 1953, computing the weekly gratuities on the basis of six labor days per week. Petitioner moved that gratuities be computed on the basis of three labor days per week, reflecting the actual workweek in effect at the time of the temporary closing; respondent moved for a seven-day basis. The court denied both motions by resolution dated May 4, 1954, adopting the six-day basis in Annex A. Petitioner then sought review in the Supreme Court.

Issues Presented on Appeal

The principal issues presented were whether the gratuities guaranteed by the settlement should be computed on the basis of three labor days a week—the actual number of days worked at the time of the temporary closing—or on a longer weekly basis; and whether the award of salary differentials to Benigno Senelaso, Ricardo Mallari, and Felix Miranda should be set aside on the ground that those laborers had waived their rights under the agreement by accepting lower pay from the lessee.

Petitioner’s Contentions

LEE TAY & LEE CHAY, INC. contended that the weekly gratuities must be computed on the basis of three labor days because the sawmill had been operating on a three-day workweek at the time of the temporary closing and because the first part of the settlement, which referred to the employment situation, should govern. The petitioner further argued that the salary differentials awarded to the three named laborers should be revoked because those laborers accepted lower rates of pay under the Alaska Lumber Company and thereby waived their rights under the agreement.

Respondent’s Contentions and Procedural Objections

KAISAHAN NG MGA MANGGAGAWA SA KAHOY SA FILIPINAS argued that the appeal as to the salary differentials was untimely because the order awarding those differentials had become final and executory after the denial of petitioner’s motion for reconsideration, and that the gratuity was compensatory in nature distinct from backpay and therefore should be computed on the basis of six labor days per week rather than three.

Court’s Disposition on the Salary Differentials

The Court found that the award of salary differentials to Benigno Senelaso, Ricardo Mallari, and Felix Miranda had been made in the January 28, 1953 order; petitioner filed a motion for reconsideration on February 3, 1953 which was denied on August 23, 1953, and no appeal was taken until the petition for review filed May 24, 1954. Because more than nine months elapsed after denial of reconsideration before an appeal was lodged, the Court held that the award had become final and executory and dismissed the appeal insofar as it sought to disturb those salary differentials.

Court’s Ruling on the Basis for Computing Gratuities

The Court examined whether the gratuity should be computed on the basis of three labor days per week as petitioner urged or on the basis of six labor days per week as the Chief Examiner had used. The Court held that the settlement provided for a gratuity and not for backpay, and that the ordinary legal meaning of a week of labor, absent an express agreement to the contrary, encompassed six labor days. The Court reasoned that a basis tied to the actual reduced workweek might be appropriate for backpay, but not for gratuity. The Court further observed that the three-day workweek provision appeared in the first part of the settlement applicable only

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