Facts
The
petitioners sought for the implementation of RA 1880 which fixes the legal
number of hours of labor in every government agency to 8 hours, 5 days a week
for a total of 80 hours a week. They also pray for the recovery of an overtime
pay before the court of Industrial Relations against the city mayor and the
municipality board of the City of Manila. The respondent court filed a motion
to dismiss on the ground that it has no jurisdiction over the petition that
states no cause of action. The judge affirmed the dismissal of the petition.
Their motion for reconsideration was denied hence this petition for review
before the Supreme Court.
Issue
Whether
or not the Court of Industrial Relations has jurisdiction over the petition?
Held
The Court
of Industrial Relations has no jurisdiction over the petition. The petitioning
union is composed of employees of the Department of Public Services of the City
of Manila. The nature of their duties is one of governmental or public in
character. The collection of garbage as the petitioners’ main duty is for the
interest of health, safety and advancement of the public welfare. The rule is
settled that in the performance of its governmental functions a local government
unit is acting as an agent of the state and thus immune from suit unless it
gives its consent to be sued. In the case at bar there is no showing that the
government has given its consent to be sued. The Executive Order No. 251
provides for the implementing guidelines of the law sought to be enforced by
the petitioners whereby a proviso thereof provides that in the exigencies of
public service may require the department head of any governmental office may
extend the daily hours of labor of employees under him and may require them to
work overtime not only on work days but also on holidays. As for the
compensation they pray for as an overtime pay, section 259 of the Revised
Administrative Code provides that regular and permanent civil service servants
whose salary are fixed by law or regulation shall not receive any additional compensation
for overtime work in the absence of provisions allowing the payment thereof. It
follows that petitioners are government employees appointed under the Civil
Service Law whose salaries are fixed by law or ordinance cannot claim for an
overtime pay. Moreover, the 8-hour labor law only applies to employment
industry or occupation performed by profits.
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