ARIS (PHIL.) INC., vs. NATIONAL LABOR RELATIONS COMMISSION, LABOR ARBITER FELIPE GARDUQUE III, LEODEGARIO DE GUZMAN, LILIA PEREZ, ROBERTO BESTAMONTE, AIDA OPENA, REYNALDO TORIADO, APOLINARIO GAGAHINA, RUFINO DE CASTRO, FLORDELIZA RAYOS DEL SOL, STEVE SANCHO, ESTER CAIRO, MARIETA MAGALAD, and MARY B.…
- G.R. Number: G.R. No. 90501
- Promulgated: 1991-08-05
- Ponente: Davide, Jr., J.
Doctrine
Where other adequate grounds exist, courts should avoid addressing the constitutionality of a law in deference to separation of powers; constitutionality will not be touched if case can be decided on other bases.
Procedural or remedial rules promulgated pursuant to statutory authority may be given retroactive effect; there are no vested rights in rules of procedure.
Facts
Petitioner challenged constitutionality of Section 12 of R.A. No. 6715 allowing execution pending appeal of the reinstatement aspect of a labor arbiter's decision, and Section 2 of the NLRC Interim Rules implementing it; also questioned Transitory Provision (Section 17) of the Interim Rules.
Section 12 of R.A. No. 6715 took effect on 21 March 1989.
The Labor Arbiter ordered respondent Aris (Phils.), Inc. to reinstate multiple complainants within ten days with limited backwages of six months, and denied other claims.
On 19 July 1989 the complainants moved for issuance of a writ of execution pursuant to Section 12 of R.A. No. 6715; the NLRC (through OSG) filed a Comment defending the provision as a valid exercise of police power.
Issues
Whether Section 12 of R.A. No. 6715 permitting execution pending appeal of the reinstatement aspect of an arbiter's decision is constitutional.
Whether Section 2 of the NLRC Interim Rules implementing Section 12 is valid.
Whether Section 17 (Transitory Provision) of the NLRC Interim Rules is valid or can be given retroactive effect.
Ruling
The petition was dismissed for lack of merit; costs against petitioner. (The Court declined to strike down the challenged provisions.)
The Court held the reference to Section 17 need not be given attention in this case and that the NLRC interim rules (promulgated 8 August 1989) may validly be given retroactive effect because they are procedural/remedial and procedural laws may be retroactive; there are no vested rights in rules of procedure.
Keywords
G.R. No. 90501, Republic Act No. 6715, Article 223 of the Labor Code of the Philippines (PD No. 442, as amended), National Labor Relations Commission (NLRC) Interim Rules on Appeals under R.A. No. 6715, Section 12 of Republic Act No. 6715, execution pending appeal, reinstatement aspect, Labor Arbiter, illegal dismissal, NLRC-NCR-00-0401630-88, Motion For Issuance of a Writ of Execution, retroactive effect, due process, constitutional guaranty of due process, security and public order, inciting or participating in illegal strikes or concerted actions, backwages, section, execution, filed