PVTA v. CIR

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

Philippine Virginia Tobacco Administration v.

CIR

TOPICS: Laissez faire concept; Welfare state concept; Rejection of the traditional classifications of
constituent and ministrant governmental functions

FACTS:

Respondents are claimants of overtime pay due to them from their employer, Philippine Virginia Tobacco
Administration or PVTA.

PVTA denied the allegations and raised a defense that the court lacks jurisdiction as it is exercising
governmental functions and thus, exempt from the payment of overtime compensation.

ISSUE:

I. WON PVTA is exercising governmental functions.


II. WON PVTA is exempted from the payment of the overtime compensation.

RULING:

I.

Yes, PVTA performs governmental functions.

Under a welfare state concept, the government has an expanded responsibility which includes the power
of control over economic affairs. In this concept, the government may interfere in the affairs of industry
and agriculture as well as to compete with existing business.

In this case, the economic policy of PVTA aims to encourage the production of local Virginia tobacco,
establish its industry, and improve the quality of locally manufactured cigarettes. Hence, given the power
to control economic affairs, which the government undertakes in its sovereign capacity, PVTA is
performing a governmental function.

II.

No.

The Eight-Hour Labor Law shall apply to all persons employed in any industry or occupation, whether
public or private.

In this case, the petitioner need not have required the private respondents to render overtime services.
Thus, the private respondents deserve payment for overtime services.

Therefore, the petitioner is not exempted from the payment of overtime compensation.

DISCUSSION:

Welfare state concept is antithetical to the laissez faire concept.

Under a welfare state concept, the government is called upon to undertake in its sovereign capacity the
areas which used to be left to private enterprise, such as the promotion of the welfare, progress, and
prosperity of the people - traditionally identified as ministrant functions of the government. It entrusted to
our government the responsibility of coping with social and economic problems with the
commensurate power of control over economic affairs.
A laissez faire concept provides that economic affairs should be reserved or be left under the invisible
hands of the private enterprises.

The 1935 Constitution rejected the doctrine of laissez-faire when it entrusted to our government the
responsibility of coping with social and economic problems with the commensurate power of control
over economic affairs.

The traditional classification of constituent and ministrant functions of the government under the Bacani
ruling was declared unrealistic and obsolete due to the growing complexities of modern society. The
government must undertake in its sovereign capacity some areas which used to be left to private
enterprise if it is to meet the increasing social challenges of the times towards a greater socialization of
economic forces.

You might also like