Professional Documents
Culture Documents
,
vs.
PEDRO S. HERNAEZ, ETC., ET AL.,
GR L-14859 March 31, 1962
Facts:
Macario King became the owner of a grocery wholesale and retail business wherein
he had 15 employees, 3 of which were Chinese nationals occupying the following
positions: one as purchaser, and two as salesmen. He sought permission to retain
the services of these employees, but was denied. Under the Retail Trade Law, retail
trade has been completely nationalized in the Philippines, and under CA 108, Sec. 2A as amended by RA 134, only Philippine citizens may be employed by nationalized
businesses, except when they occupy technical positions, in which case, previous
authorization must be sought from the President. In this case however, the positions
they occupied were not technical positions, and as such, they cannot be permitted
to work.
Issue:
Is the employment of aliens in non-control positions in a retail establishment or
trade prohibited by CA 108?
Position of Petitioner:
Their continued employment should be allowed, since they occupy non-control
positions, and do not participate in the management, operation, administration or
control of the trade business, as is prohibited under Section 2-A.
Position of Respondent:
The full provision reads, to intervene in the management, operation,
administration or control thereof, whether as an officer, employee or laborer
therein which signifies the legislative intent to include the entire scale of
personnel activity that even laborers are exclude from employment.
Ruling:
The respondents are correct. Applying the principle of redendo singula singulis, the
antecedents, management, operation, administration and control and the
consequents, officer, employee, and laborer" should be read distributively to the
effect that each word is to be applied to the subject to which is appears by context
most properly relate, and to which it is most applicable.
When the law says you cannot employ an alien in any position pertaining to
management, operation, administration and control, whether as an officer,
employee, or labourer therein, it only means one thing: the employment of a
person who is not a Filipino citizen even in a minor or clerical or non-control position
is prohibited.
Exception to Ban on Employment: CA 108, Section 2-A
or in any manner permits or allows any person, not possessing the qualifications
required by the Constitution or existing laws to acquire, use, exploit or enjoy a right,
franchise, privilege, property or business, the exercise and enjoyment of which are
expressly reserved by the Constitution or existing laws to citizens of the Philippines
which the State insures its existence and security and the supreme welfare of its
citizens.
per centum of the capital stock of which is owned by Filipino citizens or of any other
specific country.
Then again, the term "citizens of the Philippines" as employed in the questioned
clause of Section 2-A of the Anti- Dummy Law includes both natural and juridical
persons in much the same manner that the term "person" in the due process clause
of the Bill of Rights comprehends both human beings and artificial persons.