G.R. No.

L-21484          November 29, 1969 On October 30, 1962 the Unions, together with its mother union, the Confederation of Unions
in Government Corporations and Offices (CUGCO), filed a complaint with the Court of
THE AGRICULTURAL CREDIT and COOPERATIVE FINANCING ADMINISTRATION Industrial Relations against the ACCFA (Case No. 3450-ULP) for having allegedly committed
(ACCFA), petitioner, acts of unfair labor practice, namely: violation of the collective bargaining agreement in order
vs. to discourage the members of the Unions in the exercise of their right to self-organization,
ACCFA SUPERVISORS' ASSOCIATION, ACCFA WORKERS' ASSOCIATION, and THE discrimination against said members in the matter of promotions, and refusal to bargain. The
COURT OF INDUSTRIAL RELATIONS, respondents. ACCFA denied the charges and interposed as affirmative and special defenses lack of
jurisdiction of the CIR over the case, illegality of the bargaining contract, expiration of said
Deogracias E. Lerma and Esmeraldo U. Guloy for petitioner Agricultural Credit and contract and lack of approval by the office of the President of the fringe benefits provided for
Cooperative Financing Administration. therein. Brushing aside the foregoing defenses, the CIR in its decision dated March 25, 1963
Office of the Agrarian Counsel, Department of Justice for petitioner Agricultural Credit ordered the ACCFA:
Administration
J. C. Espinas and Associates for respendents Confederation of Unions in Government 1. To cease and desist from committing further acts tending to discourage the
Corporations Offices, et al. Mariano B. Tuason for respondent Court of Industrial Relations. members of complainant unions in the exercise of their right to self-organization;

MAKALINTAL, J.: 2. To comply with and implement the provision of the collective bargaining contract
executed on September 4, 1961, including the payment of P30.00 a month living
These are two separate appeals by certiorari from the decision dated March 25, 1963 (G.R. allowance;
No. L-21484) and the order dated May 21, 1964 (G.R. No. L-23605) as affirmed by the
resolutions en banc, of the Court of Industrial Relations, in Cases Nos. 3450-ULP and 1327- 3. To bargain in good faith and expeditiously with the herein complainants.
MC, respectively. The parties, except the Confederation of Unions in Government
Corporations and Offices (CUGCO), being practically the same and the principal issues The ACCFA moved to reconsider but was turned down in a resolution dated April 25, 1963 of
involved related, only one decision is now rendered in these two cases. the CIR en banc. Thereupon it brought this appeal by certiorari.

The Agricultural Credit and Cooperative Financing Administration (ACCFA) was a The ACCFA raises the following issues in its petition, to wit:
government agency created under Republic Act No. 821, as amended. Its administrative
machinery was reorganized and its name changed to Agricultural Credit Administration 1. Whether or not the respondent court has jurisdiction over this case, which in turn
(ACA) under the Land Reform Code (Republic Act No. 3844). On the other hand, the ACCFA depends on whether or not ACCFA exercised governmental or proprietary functions.
Supervisors' Association (ASA) and the ACCFA Workers' Association (AWA), hereinafter
referred to as the Unions, are labor organizations composed of the supervisors and the rank- 2. Whether or not the collective bargaining agreement between the petitioner and the
and-file employees, respectively, in the ACCFA (now ACA). respondent union is valid; if valid, whether or not it has already lapsed; and if not,
whether or not its (sic) fringe benefits are already enforceable.
G.R. No. L-21484
3. Whether or not there is a legal and/or factual basis for the finding of the
On September 4, 1961 a collective bargaining agreement, which was to be effective for a respondent court that the petitioner had committed acts of unfair labor practice.
period of one (1) year from July 1, 1961, was entered into by and between the Unions and
the ACCFA. A few months thereafter, the Unions started protesting against alleged violations 4. Whether or not it is within the competence of the court to enforce the collective
and non-implementation of said agreement. Finally, on October 25, 1962 the Unions bargaining agreement between the petitioner and the respondent unions, the same
declared a strike, which was ended when the strikers voluntarily returned to work on having already expired.
November 26, 1962.

1
G.R. No. L-23605 Under Section 3 of the Agricultural Land Reform Code the ACA was established, among
other governmental agencies,1 to extend credit and similar assistance to agriculture, in
During the pendency of the above mentioned case (G.R. No. L-21484), specifically on pursuance of the policy enunciated in Section 2 as follows:
August 8, 1963, the President of the Philippines signed into law the Agricultural Land Reform
Code (Republic Act No. 3844), which among other things required the reorganization of the SEC. 2. Declaration of Policy. — It is the policy of the State:
administrative machinery of the Agricultural Credit and Cooperative Financing Administration
(ACCFA) and changed its name to Agricultural Credit Administration (ACA). On March 17, (1) To establish owner-cultivatorships and the economic family-size farm as the basis
1964 the ACCFA Supervisors' Association and the ACCFA Workers' Association filed a of Philippine agriculture and, as a consequence, divert landlord capital in agriculture
petition for certification election with the Court of Industrial Relations (Case No. 1327-MC) to industrial development;
praying that they be certified as the exclusive bargaining agents for the supervisors and
rank-and-file employees, respectively, in the ACA. The trial Court in its order dated March (2) To achieve a dignified existence for the small farmers free from pernicious
30, 1964 directed the Manager or Officer-in-Charge of the ACA to allow the posting of said institutional restraints and practices;
order "for the information of all employees and workers thereof," and to answer the petition.
In compliance therewith, the ACA, while admitting most of the allegations in the petition,
(3) To create a truly viable social and economic structure in agriculture conducive to
denied that the Unions represented the majority of the supervisors and rank-and-file workers,
greater productivity and higher farm incomes;
respectively, in the ACA. It further alleged that the petition was premature, that the ACA was
not the proper party to be notified and to answer the petition, and that the employees and
supervisors could not lawfully become members of the Unions, nor be represented by them. (4) To apply all labor laws equally and without discrimination to both industrial and
However, in a joint manifestation of the Unions dated May 7, 1964, with the conformity of the agricultural wage earners;
ACA Administrator and of the Agrarian Counsel in his capacity as such and as counsel for
the National Land Reform Council, it was agreed "that the union petitioners in this case (5) To provide a more vigorous and systematic land resettlement program and public
represent the majority of the employees in their respective bargaining units" and that only the land distribution; and
legal issues raised would be submitted for the resolution of the trial Court.
(6) To make the small farmers more independent, self-reliant and responsible
Finding the remaining grounds for ACA's opposition to the petition to be without merit, the citizens, and a source of genuine strength in our democratic society.
trial Court in its order dated May 21, 1964 certified "the ACCFA Workers' Association and the
ACCFA Supervisors' Association as the sole and exclusive bargaining representatives of the The implementation of the policy thus enunciated, insofar as the role of the ACA therein is
rank-and-file employees and supervisors, respectively, of the Agricultural Credit concerned, is spelled out in Sections 110 to 118, inclusive, of the Land Reform Code.
Administration." Said order was affirmed by the CIR en banc in its resolution dated August Section 110 provides that "the administrative machinery of the ACCFA shall be reorganized
24, 1964. to enable it to align its activities with the requirements and objective of this Code and shall be
known as the Agricultural Credit Administration." Under Section 112 the sum of
On October 2, 1964 the ACA filed in this Court a petition for certiorari with urgent motion to P150,000,000 was appropriated out of national funds to finance the additional credit
stay the CIR order of May 21, 1964. In a resolution dated October 6, 1964, this Court functions of the ACA as a result of the land reform program laid down in the Code. Section
dismissed the petition for "lack of adequate allegations," but the dismissal was later 103 grants the ACA the privilege of rediscounting with the Central Bank, the Development
reconsidered when the ACA complied with the formal requirement stated in said resolution. Bank of the Philippines and the Philippine National Bank. Section 105 directs the loaning
As prayed for, this Court ordered the CIR to stay the execution of its order of May 21, 1964. activities of the ACA "to stimulate the development of farmers' cooperatives," including those
"relating to the production and marketing of agricultural products and those formed to
In this appeal, the ACA in effect challenges the jurisdiction of the CIR to entertain the petition manage and/or own, on a cooperative basis, services and facilities, such as irrigation and
of the Unions for certification election on the ground that it (ACA) is engaged in transport systems, established to support production and/or marketing of agricultural
governmental functions. The Unions join the issue on this single point, contending that the products." Section 106 deals with the extension by ACA of credit to small farmers in order to
ACA forms proprietary functions. stimulate agricultural production. Sections 107 to 112 lay down certain guidelines to be

2
followed in connection with the granting of loans, such as security, interest and supervision fees, including docket and sheriff's fees, of whatever nature or kind, in the
of credit. Sections 113 to 118, inclusive, invest the ACA with certain rights and powers not performance of its functions and in the exercise of its powers hereunder.
accorded to non-governmental entities, thus:
The power to audit the operations of farmers' cooperatives and otherwise inquire into their
SEC. 113. Auditing of Operations. — For the effective supervision of farmers' affairs, as given by Section 113, is in the nature of the visitorial power of the sovereign,
cooperatives, the head of the Agricultural Credit Administration shall have the power which only a government agency specially delegated to do so by the Congress may legally
to audit their operations, records and books of account and to issue subpoena and exercise.
subpoena duces tecum to compel the attendance of witnesses and the production of
books, documents and records in the conduct of such audit or of any inquiry into their On March 19, 1964 Executive Order No. 75 was promulgated. It is entitled: "Rendering in
affairs. Any person who, without lawful cause, fails to obey such subpoena or Full Force and Effect the Plan of Reorganization Proposed by the Special Committee on
subpoena duces tecum shall, upon application of the head of Agricultural Credit Reorganization of Agencies for Land Reform for the Administrative Machinery of the
Administration with the proper court, be liable to punishment for contempt in the Agricultural Land Reform Code," and contains the following pertinent provisions:
manner provided by law and if he is an officer of the Association, to suspension or
removal from office. Section 3. The Land Reform Project Administration2 shall be considered a single
organization and the personnel complement of the member agencies including the
SEC. 114. Prosecution of officials. — The Agricultural Credit Administration, through legal officers of the Office of the Agrarian Counsel which shall provide legal services
the appropriate provincial or city fiscal, shall have the power to file and prosecute any to the LRPA shall be regarded as one personnel pool from which the requirements of
and all actions which it may have against any and all officials or employees of the operations shall be drawn and subject only to the civil service laws, rules and
farmers' cooperatives arising from misfeasance or malfeasance in office. regulations, persons from one agency may be freely assigned to positions in another
agency within the LRPA when the interest of the service so demands.
SEC. 115. Free Notarial Service. — Any justice of the peace, in his capacity as
notary ex-officio, shall render service free of charge to any person applying for a loan Section 4. The Land Reform Project Administration shall be considered as one
under this Code either in administering the oath or in the acknowledgment of organization with respect to the standardization of job descriptions position
instruments relating to such loan. classification and wage and salary structures to the end that positions involving the
same or equivalent qualifications and equal responsibilities and effort shall have the
SEC. 116. Free Registration of Deeds. — Any register of deeds shall accept for same remuneration.
registration, free of charge any instrument relative to a loan made under this Code.
Section 5. The Civil Service laws, rules and regulations with respect to promotions,
SEC. 117. Writing-off Unsecured and Outstanding Loans. — Subject to the approval particularly in the consideration of person next in rank, shall be made applicable to
of the President upon recommendation of the Auditor General, the Agricultural Credit the Land Reform Project Administration as a single agency so that qualified
Administration may write-off from its books, unsecured and outstanding loans and individuals in one member agency must be considered in considering promotion to
accounts receivable which may become uncollectible by reason of the death or higher positions in another member agency.
disappearance of the debtor, should there be no visible means of collecting the same
in the foreseeable future, or where the debtor has been verified to have no income or The implementation of the land reform program of the government according to Republic Act
property whatsoever with which to effect payment. In all cases, the writing-off shall No. 3844 is most certainly a governmental, not a proprietary, function; and for that purpose
be after five years from the date the debtor defaults. Executive Order No. 75 has placed the ACA under the Land Reform Project Administration
together with the other member agencies, the personnel complement of all of which are
SEC. 118. Exemption from Duties, Taxes and Levies. — The Agricultural Credit placed in one single pool and made available for assignment from one agency to another,
Administration is hereby exempted from the payment of all duties, taxes, levies, and subject only to Civil Service laws, rules and regulations, position classification and wage
structures.

3
The appointing authority in respect of the officials and employees of the ACA is the President that is to say, a government office, which on the barrio level will provide them that credit
of the Philippines, as stated in a 1st indorsement by his office to the Chairman of the directly . . . . (p. 40, Senate Journal No. 7, July 3, 1963) (emphasis supplied).
National Reform Council dated May 22, 1964, as follows:
The considerations set forth above militate quite strongly against the recognition of collective
Appointments of officials and employees of the National Land Reform Council and its bargaining powers in the respondent Unions within the context of Republic Act No. 875, and
agencies may be made only by the President, pursuant to the provisions of Section hence against the grant of their basic petition for certification election as proper bargaining
79(D) of the Revised Administrative Code. In accordance with the policy and units. The ACA is a government office or agency engaged in governmental, not proprietary
practice, such appointments should be prepared for the signature of the Executive functions. These functions may not be strictly what President Wilson described as
Secretary, "By Authority ofthe President".3 "constituent" (as distinguished from "ministrant"),4 such as those relating to the maintenance
of peace and the prevention of crime, those regulating property and property rights, those
When the Agricultural Reform Code was being considered by the Congress, the nature of the relating to the administration of justice and the determination of political duties of citizens,
ACA was the subject of the following exposition on the Senate floor: and those relating to national defense and foreign relations. Under this traditional
classification, such constituent functions are exercised by the State as attributes of
Senator Tolentino: . . . . "The ACA is not going to be a profit making institution. It is sovereignty, and not merely to promote the welfare, progress and prosperity of the people —
supposed to be a public service of the government to the lessees and farmer-owners these letter functions being ministrant he exercise of which is optional on the part of the
of the lands that may be bought after expropriation from owners. It is the government government.
here that is the lender. The government should not exact a higher interest than what
we are telling a private landowner now in his relation to his tenants if we give to their The growing complexities of modern society, however, have rendered this traditional
farmers a higher rate of interest . . . ." (pp. 17 & 18, Senate Journal No. 16, July 3, classification of the functions of government quite unrealistic, not to say obsolete. The areas
1963) which used to be left to private enterprise and initiative and which the government was called
upon to enter optionally, and only "because it was better equipped to administer for the
The reason is obvious, to pinpoint responsibility for many losses in the government, in order public welfare than is any private individual or group of individuals," 5 continue to lose their
to avoid irresponsible lending of government money — to pinpoint responsibility for many well-defined boundaries and to be absorbed within activities that the government must
losses . . . . undertake in its sovereign capacity if it is to meet the increasing social challenges of the
times. Here as almost everywhere else the tendency is undoubtedly towards a greater
socialization of economic forces. Here of course this development was envisioned, indeed
Senator Manglapus: ". . . But assuming that hypothesis, that is the reason why we
adopted as a national policy, by the Constitution itself in its declaration of principle
are appropriating P150,000,000.00 for the Agricultural Credit Administration which
concerning the promotion of social justice.
will go to intensified credit operations on the barrio level . . ." (p. 3, Senate Journal
No. 7).
It was in furtherance of such policy that the Land Reform Code was enacted and the various
agencies, the ACA among them, established to carry out its purposes. There can be no
That it is the reason why we are providing for the expansion of the ACCFA and the weeding
dispute as to the fact that the land reform program contemplated in the said Code is beyond
out of the cooperative activity of the ACCFA and turning this over to the Agricultural
the capabilities of any private enterprise to translate into reality. It is a purely governmental
Productivity Commission, so that the Agricultural Credit Administration will concentrate
function, no less than, say, the establishment and maintenance of public schools and public
entirely on the facilitation of credit on the barrio level with the massive support of 150 million
hospitals. And when, aside from the governmental objectives of the ACA, geared as they are
provided by the government. . . . (pp. 4 & 5 of Senate Journal No. 7, July 3, 1963)
to the implementation of the land reform program of the State, the law itself declares that the
ACA is a government office, with the formulation of policies, plans and programs vested no
. . . But by releasing them from this situation, we feel that we are putting them in a much longer in a Board of Governors, as in the case of the ACCFA, but in the National Land
better condition than that in which they are found by providing them with a business-like way Reform Council, itself a government instrumentality; and that its personnel are subject to
of obtaining credit, not depending on a paternalistic system but one which is business-like — Civil Service laws and to rules of standardization with respect to positions and salaries, any
vestige of doubt as to the governmental character of its functions disappears.

4
In view of the foregoing premises, we hold that the respondent Unions are not entitled to the On October 23, 1962 the Office of the President, in a letter signed by the Executive
certification election sought in the Court below. Such certification is admittedly for purposes Secretary, expressed its approval of the bargaining contract "provided the salaries and
of bargaining in behalf of the employees with respect to terms and conditions of employment, benefits therein fixed are not in conflict with applicable laws and regulations, are believed to
including the right to strike as a coercive economic weapon, as in fact the said unions did be reasonable considering the exigencies of the service and the welfare of the employees,
strike in 1962 against the ACCFA (G.R. No. L-21824).6 This is contrary to Section 11 of and are well within the financial ability of the particular corporation to bear."
Republic Act No. 875, which provides:
On July 1, 1963 the ACCFA management and the Unions entered into an agreement for the
SEC. 11. Prohibition Against Strike in the Government — The terms and conditions implementation of the decision of the respondent Court concerning the fringe benefits, thus:
of employment in the Government, including any political subdivision or
instrumentality thereof, are governed by law and it is declared to be the policy of this In the meantime, only Cost of Living Adjustment, Longevity Pay, and Night
Act that employees therein shall not strike for the purposes of securing changes or Differential Benefits accruing from July 1, 1961 to June 30, 1963 shall be paid to all
modification in their terms and conditions of employment. Such employees may employees entitled thereto, in the following manner:
belong to any labor organization which does not impose the obligation to strike or to
join in strike: Provided, However, that this section shall apply only to employees A) The sum of P180,000 shall be set aside for the payment of:
employed in governmental functions of the Government including but not limited to
governmental corporations.7
1) Night differential benefits for Security Guards.
With the reorganization of the ACCFA and its conversion into the ACA under the Land
2) Cost of Living Adjustment and Longevity Pay.
Reform Code and in view of our ruling as to the governmental character of the functions of
the ACA, the decision of the respondent Court dated March 25, 1963, and the resolution en
banc affirming it, in the unfair labor practice case filed by the ACCFA, which decision is the 3) The unpaid balance due employees on Item A (1) and (2) this paragraph shall be
subject of the present review in G. R. No. L-21484, has become moot and academic, paid in monthly installments as finances permit but not beyond December 20, 1963.
particularly insofar as the order to bargain collectively with the respondent Unions is
concerned. 3. All benefits accruing after July 1, 1963, shall be allowed to accumulate but payable
only after all benefits accruing up to June 30, 1963, as per CIR decision hereinabove
What remains to be resolved is the question of fringe benefits provided for in the collective referred to shall have been settled in full; provided, however, that commencing July
bargaining contract of September 4, 1961. The position of the ACCFA in this regard is that 1, 1963 and for a period of only two (2) months thereafter (during which period the
the said fringe benefits have not become enforceable because the condition that they should ACCFA and the Unions shall negotiate a new Collective Bargaining Agreement) the
first be approved by the Office of the President has not been complied with. The Unions, on provisions of the September 4, 1961 Collective Bargaining Agreement shall be
the other hand, contend that no such condition existed in the bargaining contract, and the temporarily suspended, except as to Cost of Living Adjustment and "political" or non-
respondent Court upheld this contention in its decision. economic privileges and benefits thereunder.

It is to be listed that under Section 3, Article XIV, of the agreement, the same "shall not On July 24, 1963 the ACCFA Board of Governors ratified the agreement thus entered into,
become effective unless and until the same is duly ratified by the Board of Governors of the pursuant to the provision thereof requiring such ratification, but with the express qualification
Administration." Such approval was given even before the formal execution of the that the same was "without prejudice to the pending appeal in the Supreme Court . . . in
agreement, by virtue of "Resolution No. 67, Regular Meeting No. 7, FY 1960-61, held on Case No. 3450-ULP." The payment of the fringe benefits agreed upon, to our mind, shows
August 17, 1961," but with the proviso that "the fringe benefits contained therein shall take that the same were within the financial capability of the ACCFA then, and hence justifies the
effect only if approved by the office of the President." The condition is, therefore, deemed to conclusion that this particular condition imposed by the Office of the President in its approval
be incorporated into the agreement by reference. of the bargaining contract was satisfied.

5
We hold, therefore, that insofar as the fringe benefits already paid are concerned, there is no persons and property from violence and robbery. (2) The fixing of the legal relations between
reason to set aside the decision of the respondent Court, but that since the respondent man and wife and between parents and children. (3) The regulation of the holding,
Unions have no right to the certification election sought by them nor, consequently, to transmission, and interchange of property, and the determination of its liabilities for debt or
bargain collectively with the petitioner, no further fringe benefits may be demanded on the for crime. (4) The determination of contract rights between individuals. (5) The definition and
basis of any collective bargaining agreement. punishment of crime. (6) The administration of justice in civil cases. (7) The determination of
the political duties, privileges, and relations of citizens. (8) Dealings of the state with foreign
The decisions and orders appealed from are set aside and/or modified in accordance with powers: the preservation of the state from external danger or encroachment and the
the foregoing pronouncements. No costs. advancement of its international interests.' "3

Concepcion, C.J., Reyes, J.B.L., Dizon, Sanchez, Castro, Teehankee and Barredo, The ministrant functions were then enumerated, followed by a statement of the basis that
JJ., concur. would justify engaging in such activities. Thus: "The most important of the ministrant
Zaldivar, J., concurs in the result. functions are: public works, public education, public charity, health and safety regulations,
and regulations of trade and industry. The principles determining whether or not a
government shall exercise certain of these optional functions are: (1) that a government
should do for the public welfare those things which private capital would not naturally
undertake and (2) that a government should do these things which by its very nature it is
better equipped to administer for the public welfare than is any private individual or group of
Separate Opinions individuals."4

FERNANDO, J., concurring: Reference is made in the Bacani decision to the first of the many publications of Justice
Malcolm on the Philippine government, which appeared in 1916,5 adopting the formulation of
The decision reached by this Court so ably given expression in the opinion of Justice the then Professor, later President, Woodrow Wilson of the United States, in a textbook on
Makalintal, characterized with vigor, clarity and precision, represents what for me is a clear political science the first edition of which was published in 1898. The Wilson classification
tendency not to be necessarily bound by our previous pronouncements on what activities reflected the primacy of the dominant laissez-faire concept carried into the sphere of
partake of a nature that is governmental.1 Of even greater significance, there is a definite government.
rejection of the "constituent-ministrant" criterion of governmental functions, followed in
Bacani v. National Coconut Corporation.2 That indeed is cause for gratification. For me at A most spirited defense of such a view was given by former President Hadley of Yale in a
least, there is again full adherence to the basic philosophy of the Constitution as to the series of three lectures delivered at Oxford University in 1914. According to President
extensive and vast power lodged in our government to cope with the social and economic Hadley: "I shall begin with a proposition which may sound somewhat startling, but which I
problems that even now sorely beset us. There is therefore full concurrence on my part to believe to be literally true. The whole American political and social system is based on
the opinion of the Court, distinguished by its high quality of juristic craftsmanship. I feel industrial property right, far more completely than has ever been the case in any European
however that the matter is of such vital importance that a separate concurring opinion is not country. In every nation of Europe there has been a certain amount of traditional opposition
inappropriate. It will also serve to give expression to my view, which is that of the Court between the government and the industrial classes. In the United States no such tradition
likewise, that our decision today does not pass upon the rights of labor employed in exists. In the public law of European communities industrial freeholding is a comparatively
instrumentalities of the state discharging governmental functions. recent development. In the United States, on the contrary, industrial freeholding is the
foundation on which the whole social order has been established and built up."6
1. In the above Bacani decision, governmental functions are classified into constituent and
ministrant. "The former are those which constitute the very bonds of society and are The view is widely accepted that such a fundamental postulate did influence American court
compulsory in nature; the latter are those that are undertaken only by way of advancing the decisions on constitutional law. As was explicitly stated by Justice Cardozo, speaking of that
general interests of society, and are merely optional. President Wilson enumerates the era: "Laissez-faire was not only a counsel of caution which statesmen would do well to heed.
constituent functions as follows: '(1) The keeping of order and providing for the protection of It was a categorical imperative which statesmen as well as judges, must obey."7 For a long

6
time, legislation tending to reduce economic inequality foundered on the rock that was the property . . . ."15 The above excerpt from Judge Van Orsdel forms part of his opinion
due process clause, enshrining as it did the liberty of contract. To cite only one instance, the in Children's Hospital v. Adkins, when decided by the Circuit Court of Appeals.16
limitation of employment in bakeries to sixty hours a week and ten hours a day under a New
York statute was stricken down for being tainted with a due process objection in Lochner v. Nonetheless, the social and economic forces at work in the United States to which the new
New York.8 It provoked one of the most vigorous dissents of Justice Holmes, who was deal administration of President Roosevelt was most responsive did occasion, as of 1937,
opposed to the view that the United States Constitution did embody laissez-faire. Thus: greater receptivity by the American Supreme Court to a philosophy less rigid in its obeisance
"General propositions do not decide concrete cases. The decision will depend on a judgment to property rights. Earlier legislation deemed offensive to the laissez-faire concept had met a
or intuition more subtle than any articulate major premise. But I think that the proposition just dismal fate. Their nullity during his first term could, more often than not, be expected.17
stated, if it is accepted, will carry us far toward the end. Every opinion tends to become a
law. I think that the word 'liberty,' in the 14th Amendment, is perverted when it is held to As a matter of fact, even earlier, in 1935, Professor Coker of Yale, speaking as a historian,
prevent the natural outcome of a dominant opinion, unless it can be said that a rational and could already discern a contrary drift. Even then he could assert that the range of
fair man necessarily would admit that the statute proposed would infringe fundamental governmental activity in the United States had indeed expanded. According to him: "Thus
principles as they have been understood by the traditions of our people and our law. It does both liberals and conservatives approve wide and varied governmental intervention; the
not need research to show that no such sweeping condemnation can be passed upon the latter condemning it, it is true, when the former propose it, but endorsing it, after it has
statute before us. A reasonable man might think it a proper measure on the score of health. become a fixed part of the status quo, as so beneficial in its effects that no more of it is
Men whom I certainly could not pronounce unreasonable would uphold it as a first needed. Our history for the last half-century shows that each important governmental
installment of a general regulation of the hours of work. Whether in the latter aspect it would intervention we have adopted has been called socialistic or communistic by contemporary
be open to the charge of inequality I think it unnecessary to discuss." It was not until 1908, conservatives, and has later been approved by equally conservative men who now accept it
in Muller v. Oregon,9 that the American Supreme Court held valid a ten-hour maximum for both for its proved benefits and for the worthy traditions it has come to represent. Both liberal
women workers in laundries and not until 1917 in Bunting v. Oregon10 that such a regulatory and conservative supporters of our large-scale business under private ownership advocate
ten-hour law applied to men and women passed the constitutional test. or concede the amounts and kinds of governmental limitation and aid which they regard as
necessary to make the system work efficiently and humanely. Sooner or later, they are
Similarly, state legislation fixing minimum wages was deemed offensive to the due process willing to have government intervene for the purpose of preventing the system from being too
clause in a 1923 decision in Adkins v. Children's Hospital.11 Only in 1937, in the leading case oppressive to the masses of the people, protecting it from its self-destructive errors, and
of West Coast Hotel v. Parrish,12 was the Adkins case overruled and a minimum wage law coming to its help in other ways when it appears not to be able to take care of itself."18
New York statute upheld. The same unsympathetic attitude arising from the laissez-faire
concept was manifest in decisions during such period, there being the finely-spun At any rate, by 1943, the United States was reconciled to laissez-faire having lost its
distinctions in the Wolff Packing Co. v. Court of Industrial Relations 13 decision, as to when dominance. In the language of Justice Jackson in the leading case of West Virginia State
certain businesses could be classified as affected with public interest to justify state Board of Education v. Barnette:19 "We must transplant these rights to a soil in which the
regulation as to prices. After eleven years, in 1934, in Nebbia v. New York,14 the air of laissez-faire concept or principle of non-interference has withered at least as to economic
unreality was swept away by this explicit pronouncement from the United States Supreme affairs, and social advancements are increasingly sought through closer integration of
Court: "The phrase 'affected with a public interest' can, in the nature of things, mean no more society and through expanded and strengthened governmental controls."
than that an industry, for adequate reason, is subject to control for the public good."
2. The influence exerted by American constitutional doctrines unavoidable when the
It is thus apparent that until the administration of President Roosevelt, the laissez- Philippines was still under American rule notwithstanding, an influence that has not
faire principle resulted in the contraction of the sphere where governmental entry was altogether vanished even after independence, the laissez-faire principle never found full
permissible. The object was to protect property even if thereby the needs of the general acceptance in this jurisdiction, even during the period of its full flowering in the United States.
public would be left unsatisfied. This was emphatically put forth in a work of former Attorney Moreover, to erase any doubts, the Constitutional Convention saw to it that our fundamental
General, later Justice, Jackson, citing an opinion of Judge Van Orsdel. Thus: "It should be law embodies a policy of the responsibility thrust on government to cope with social and
remembered that of the three fundamental principles which underlie government, and for economic problems and an earnest and sincere commitment to the promotion of the general
which government exists, the protection of life, liberty, and property, the chief of these is welfare through state action. It would thus follow that the force of any legal objection to

7
regulatory measures adversely affecting property rights or to statutes organizing public constitution for the United States, does any one doubt that in the provisions of that
corporations that may engage in competition with private enterprise has been blunted. constitution there will be found definite declarations of policy as to economic tendencies; that
Unless there be a clear showing of any invasion of rights guaranteed by the Constitution, there will be matters which are necessary in accordance with the experience of the American
their validity is a foregone conclusion. No fear need be entertained that thereby spheres people during these years when vast organizations of capital and trade have succeeded to a
hitherto deemed outside government domain have been enchroached upon. With our explicit certain degree to control the life and destiny of the American people? If in this constitution
disavowal of the "constituent-ministrant" test, the ghost of the laissez-faire concept no longer the gentleman will find declarations of economic policy, they are there because they are
stalks the juridical stage. necessary to safeguard the interests and welfare of the Filipino people because we believe
that the days have come when in self-defense, a nation may provide in its constitution those
As early as 1919, in the leading case of Rubi V. Provincial Board of Mindoro,20 Justice safeguards, the patrimony, the freedom to grow, the freedom to develop national aspirations
Malcolm already had occasion to affirm: "The doctrines of laissez-faire and of unrestricted and national interests, not to be hampered by the artificial boundaries which a constitutional
freedom of the individual, as axioms of economic and political theory, are of the past. The provision automatically imposes."25
modern period has shown a widespread belief in the amplest possible demonstration of
governmental activity. The Courts unfortunately have sometimes seemed to trail after the Delegate Roxas continued further: "The government is the creature of the people and the
other two branches of the Government in this progressive march." government exercises its powers and functions in accordance with the will and purposes of
the people. That is the first principle, the most important one underlying this document.
It was to be expected then that when he spoke for the Court in Government of the Philippine Second, the government established in this document is, in its form, in our opinion, the most
Islands v. Springer,21 a 1927 decision, he found nothing objectionable in the government adapted to prevailing conditions, circumstances and the political outlook of the Filipino
itself organizing and investing public funds in such corporations as the National Coal Co., the people. Rizal said, 'Every people has the kind of government that they deserve.' That is just
Phil. National Bank, the National Petroleum Co., the National Development Co., the National another form of expressing the principle in politics enunciated by the French philosophers
Cement Co. and the National Iron Co. There was not even a hint that thereby the laissez- when they said: 'Every people has the right to establish the form of government which they
faire concept was not honored at all. It is true that Justice Malcolm concurred with the believe is most conducive to their welfare and their liberty.' Why have we preferred the
majority in People v. Pomar,22 a 1924 opinion, which held invalid under the due process government that is established in this draft? Because it is the government with which we are
clause a provision providing for maternity leave with pay thirty days before and thirty days familiar. It is the form of government fundamentally such as it exists today; because it is the
after confinement. It could be that he had no other choice as the Philippines was then under only kind of government that our people understand; it is the kind of government we have
the United States, and only recently the year before, the above-cited case of Adkins v. found to be in consonance with our experience, with the necessary modification, capable of
Children's Hospital,23 in line with the laissez-faire principle, did hold that a statute providing permitting a fair play of social forces and allowing the people to conduct the affairs of that
for minimum wages was constitutionally infirm on the same ground. government."26

Our constitution which took effect in 1935, upon the inauguration of the Commonwealth of One of the most prominent delegates, a leading intellectual, former President Rafael Palma
the Philippines, erased whatever doubts there might be on that score. Its philosophy is of the University of the Philippines, stressed as a fundamental principle in the draft of the
antithetical to the laissez-faire concept. Delegate, later President, Manuel Roxas, one of the Constitution the limitation on the right to property. He pointed out that the then prevailing
leading members of the Constitutional Convention, in answer precisely to an objection of view allowed the accumulation of wealth in one family down to the last remote descendant,
Delegate Jose Reyes of Sorsogon, who noted the "vast extensions in the sphere of resulting in a grave disequilibrium and bringing in its wake extreme misery side by side with
governmental functions" and the "almost unlimited power to interfere in the affairs of industry conspicuous luxury. He did invite attention to the few millionaires at one extreme with the
and agriculture as well as to compete with existing business" as "reflections of the vast masses of Filipinos deprived of the necessities of life at the other. He asked the
fascination exerted by [the then] current tendencies" in other jurisdictions, 24 spoke thus: "My Convention whether the Filipino people could long remain indifferent to such a deplorable
answer is that this constitution has a definite and well defined philosophy, not only political situation. For him to speak of a democracy under such circumstances would be nothing but
but social and economic. A constitution that in 1776 or in 1789 was sufficient in the United an illusion. He would thus emphasize the urgent need to remedy the grave social injustice
States, considering the problems they had at that time, may not now be sufficient with the that had produced such widespread impoverishment, thus recognizing the vital role of
growing and ever-widening complexities of social and economic problems and relations. If government in this sphere.27
the United States of America were to call a constitutional convention today to draft a

8
Another delegate, Tomas Confesor of Iloilo, was quite emphatic in his assertion for the need opinion, later quoted with approval in the leading case of Antamok Goldfields Mining Co. v.
of a social justice provision which is a departure from the laissez-faire principle. Thus: "Take Court of Industrial Relations,30 decided in 1940, explained clearly the need for the repudiation
the case of the tenancy system in the Philippines. You have a tenant. There are hundreds of of the laissez-faire doctrine. Thus: "It should be observed at the outset that our Constitution
thousands of tenants working day in and day out, cultivating the fields of their landlords. He was adopted in the midst of surging unrest and dissatisfaction resulting from economic and
puts all his time, all his energy, the labor and the assistance of his wife and children, in social distress which was threatening the stability of governments the world over. Alive to the
cultivating a piece of ground for his landlord but when the time comes for the partition of the social and economic forces at work, the framers of our Constitution boldly met the problems
products of his toil what happens? If he produces 25 cavanes of rice, he gets only perhaps and difficulties which faced them and endeavored to crystallize, with more or less fidelity, the
five and the twenty goes to the landlord. Now can he go to court? Has he a chance to go to political, social and economic propositions of their age, and this they did, with the
court in order to secure his just share of the products of his toil? No. Under our present consciousness that the political and philosophical aphorism of their generation will, in the
regime of law, under our present regime of justice, you do not give that to the poor tenant. language of a great jurist, 'be doubted by the next and perhaps entirely discarded by the
Gentlemen, you go to the Cagayan Valley and see the condition under which those poor third.' . . . Embodying the spirit of the present epoch, general provisions were inserted in the
farmers are being exploited day in and day out. Can they go to court under our present Constitution which are intended to bring about the needed social and economic equilibrium
regime of justice, of liberty, or democracy? The other day, workmen were shot by the police between component elements of society through the application of what may be termed as
just because they wanted to increase or they desired that their wages be increased from the justitia communis advocated by Grotius and Leibnits many years ago to be secured
thirty centavos a day to forty or fifty centavos. Is it necessary to spill human blood just to through the counterbalancing of economic and social forces and opportunities which should
secure an increase of ten centavos in the daily wages of an ordinary laborer? And yet under be regulated, if not controlled, by the State or placed, as it were, in custodia societatis. 'The
our present regime of social justice, liberty and democracy, these things are happening; promotion of social justice to insure the well-being and economic security of all the people'
these things, I say, are happening. Are those people getting any justice? No. They cannot was thus inserted as vital principle in our Constitution. ... ." 31 In the course of such concurring
get justice now from our courts. For this reason, I say it is necessary that we insert 'social opinion and after noting the changes that have taken place stressing that the policy
justice' here and that social justice must be established by law. Proper legal provisions, of laissez-faire had indeed given way to the assumption by the government of the right to
proper legal facilities must be provided in order that there be a regime not of justice alone, intervene although qualified by the phrase "to some extent", he made clear that the doctrine
because we have that now and we are seeing the oppression arising from such a regime. in People v. Pomar no longer retain, "its virtuality as a living principle."32
Consequently, we must emphasize the term 'social justice'."28
3. It must be made clear that the objection to the "constituent-ministrant" classification of
Delegate Ventenilla of Pangasinan reflected the attitude of the Convention as to why laissez- governmental functions is not to its formulation as such. From the standpoint of law as logic,
faire was no longer acceptable. After speaking of times having changed, he proceeded: it is not without merit. It has neatness and symmetry. There are hardly any loose ends. It has
"Since then new problems have arisen. The spiritual mission of government has descended the virtue of clarity. It may be said in its favor likewise that it reflects all-too-faithfully
to the level of the material. Then its function was primarily to soothe the aching spirit. Now, it the laissez-faire notion that government cannot extend its operation outside the maintenance
appears, it must also appease hunger. Now that we may read history backwards, we know of peace and order, protection against external security, and the administration of justice,
for instance, that the old theory of 'laissez-faire' has degenerated into 'big business affairs' with private rights, especially so in the case of property, being safeguarded and a hint that
which are gradually devouring the rights of the people — the same rights intended to be the general welfare is not to be entirely ignored.
guarded and protected by the system of constitutional guaranties. Oh, if the Fathers were
now alive to see the changes that the centuries have wrought in our life! They might It must not be lost sight of though that logic and jural symmetry while undoubtedly desirable
contemplate the sad spectacle of organized exploitation greedily devouring the previous are not the prime consideration. This is especially so in the field of public law. What was said
rights of the individual. They might also behold the gradual disintegration of society, the fast by Holmes, almost nine decades ago, carry greater conviction now. "The life of the law has
disappearance of the bourgeois — the middle class, the backbone of the nation — and the not been logic; it has been experience. The felt necessities of the time, the prevalent moral
consequent drifting of the classes toward the opposite extremes — the very rich and the very and political theories, intuitions of public policy avowed or unconscious, even the prejudices
poor."29 which judges share with their fellow-men, have had a good deal more to do than the
syllogism in determining the rules by which men should be governed." 33 Then too, there was
Shortly after the establishment of the Commonwealth, the then Justice Jose P. Laurel, the warning of Geny cited by Cardozo that undue stress or logic may result in confining the
himself one of the foremost delegates of the Constitutional Convention, in a concurring entire system of positive law, "within a limited number of logical categories, predetermined in

9
essence, immovable in basis, governed by inflexible dogmas," thus rendering it incapable of authority as a power bound by subordination to that purpose, liberty while to be viewed
responding to the ever varied and changing exigencies of life.34, negatively as absence of restraint impressed with a positive aspect as well to assure
individual self-fulfillment in the attainment of which greater responsibility is thrust on
It is cause enough for concern if the objection to the Bacani decision were to be premised on government; and rights as boundary marks defining areas outside its domain.37 From which it
the score alone that perhaps there was fidelity to the requirements of logic and jural would follow as Laski so aptly stated that it is the individual's "happiness and not its well-
symmetry carried to excess. What appears to me much more deplorable is that it did fail to being [that is] the criterion by which its behavior [is] to be judged. His interests, and not its
recognize that there was a repudiation of the laissez-faire concept in the Constitution. As power, set the limits to the authority it [is] entitled to exercise." 38 We have under such a test
was set forth in the preceding pages, the Constitution is distinguished precisely by a contrary enlarged its field of competence. 4. With the decision reached by us today, the government
philosophy. The regime of liberty if provided for, with the realization that under the then is freed from the compulsion exerted by the Bacani doctrine of the "constituent-ministrant"
prevalent social and economic conditions, it may be attained only through a government with test as a criterion for the type of activity in which it may engage. Its constricting effect is
its sphere of activity ranging far and wide, not excluding matters hitherto left to the operation consigned to oblivion. No doubts or misgivings need assail us that governmental efforts to
of free enterprise. As rightfully stressed in our decision today in line with what was earlier promote the public weal, whether through regulatory legislation of vast scope and amplitude
expressed by Justice Laurel, the government that we have established has as a fundamental or through the undertaking of business activities, would have to face a searching and
principle the promotion of social justice.35 The same jurist gave it a comprehensive and rigorous scrutiny. It is clear that their legitimacy cannot be challenged on the ground alone of
enduring definition as the "promotion of the welfare of all the people, the adoption by the their being offensive to the implications of the laissez-faire concept. Unless there be a
government of measures calculated to insure economic stability of all the component repugnancy then to the limitations expressly set forth in the Constitution to protect individual
elements of society, through the maintenance of a proper economic and social equilibrium in rights, the government enjoys a much wider latitude of action as to the means it chooses to
the interrelations of the members of the community, constitutionally, through the adoption of cope with grave social and economic problems that urgently press for solution. For me, at
measures legally justifiable, or extra-constitutionally, through the exercise of powers least, that is to manifest deference to the philosophy of our fundamental law. Hence my full
underlying the existence of all governments in the time honored principle of salus populi concurrence, as announced at the outset.
estsuprema lex."36
5. The opinion of Justice Makalintal contains this footnote: "It must be stated, however, that
There is thus from the same distinguished pen, this time writing for the Court, a reiteration of we do not here decide the question — not at issue in this case — of whether or not a labor
the view of the laissez-faire doctrine being repugnant to the fundamental law. It must be organization composed employees discharging governmental functions, which is allowed
added though that the reference to extra-constitutional measures being allowable must be under the legal provision just quoted, provided such organization does not impose the
understood in the sense that there is no infringement of specific constitutional guarantees. obligation to strike or to join in strike, may petition for a certification election and compel the
Otherwise, the judiciary will be hard put to sustain their validity if challenged in an employer to bargain collectively with it for purposes other than to secure changes or
appropriate legal proceeding. conditions in the terms and conditions of employment."

The regime of liberty contemplated in the Constitution with social justice as a fundamental With such an affirmation as to the scope of our decision there being no holding on the vexing
principle to reinforce the pledge in the preamble of promoting the general welfare reflects question of the effects on the rights of labor in view of the conclusion reached that the
traditional concepts of a democratic policy infused with an awareness of the vital and function engaged in is governmental in character, I am in full agreement. The answer to such
pressing need for the government to assume a much more active and vigorous role in the a vital query must await another day.
conduct of public affairs. The framers of our fundamental law were as one in their strongly-
held belief that thereby the grave and serious infirmity then confronting our body-politic, on
the whole still with us now, of great inequality of wealth and mass poverty, with the great bulk
of our people ill-clad, ill-housed, ill-fed, could be remedied. Nothing else than communal
effort, massive in extent and earnestly engaged in, would suffice. Footnotes

To paraphrase Laski, with the necessary modification in line with such worthy constitutional
ends, we look upon the state as an organization to promote the happiness of individuals, its

10
 Land Authority, Land Bank, Agricultural Productivity Commission; Office of the
1

Agrarian Counsel.

2
 The Land Reform Project Administration is the organization through which the field
operations of member agencies (of which the ACA is one) shall be undertaken by
their respective personnel under a unified administration. (Section 2 of Article 1,
Executive Order No. 75)

3
 Section 79 (D) of the Revised Administrative Code provides in part: "The
Department Head, upon the recommendation of the Chief of bureaus or office
concerned, shall appoint all subordinate officers and employees whose appointment
is not expressly vested by law in the President of the Philippines. . . . ."

4
 Bacani vs. National Coconut Corporation, G.R. No. L-9657, Nov. 29, 1956, 53 O.G.
p. 2800.

 Malcolm, The Government of the Philippines, pp. 19-20; Bacani vs. National
5

Coconut Corporation, supra.

6
 It must be stated, however, that we do not here decide the question — not at issue
in this case — of whether or not a labor organization composed of employees
discharging governmental functions, which is allowed under the legal provision just
quoted provided such organization does not impose the obligation to strike or to join
in strike, may petition for a certification election and compel the employer to bargain
collectively with it for purposes other than to secure changes or modifications in the
terms and conditions of their employment. Withal, it may not be amiss to observe,
albeit obiter, that the right to organize thus allowed would be meaningless unless
there is a correlative right on the part of the organization to be recognized as the
proper representative of the employees and to bargain in their behalf in relation to
matters outside the limitations imposed by the statute, such as those provided for in
Section 28 (b) of Republic Act No. 2260, concerning complaints and grievances of
the employees.

7
 Reenacted in Sec. 28 (c) of the Civil Service Act of 1959, R.A. No. 2260.

11