109 Univ of Pangasinan Faculty Union v. Univ of Pangasinan (127 SCRA 691)G.R. No. L-63122February 20, 1984

Digest by: Lanz Olives

Plaintiff: University of Pangasinan Faculty UnionRespondent: University of Pangasinan

Petition: Petition for certiorariPonente: Gutierrez, J.

FACTS:University of Pangasinan did not entitle its faculty to ECOLA during the semestral break and when it increased its tuition fee, it refused its faculty the salary increase 60% of the incremental proceeds of increased tuition fees.

ISSUE/S:WON faculty members of a university are entitled to ECOLA during semestral breaks.

RULING/ RATIO:Yes.Per various PDs on ECOLA, ECOLA pay includes LOA without pay.The contention that “the fact of receiving a salary should not be the basis of receiving ECOLA” is without merit as per IRR of Wage Order No. 1: “Allowance for Unworked days: a) All covered employees whether paid on a monthly or daily basis shall be entitled to their daily living allowance when they are paid their basic wage.”

The intention of the law is to grant ECOLA upon the payment of basic wages. Hence the principle, “No pay, no ECOLA”.

Also applied by analogy is the principle enunciated in the ORI-LCP: “Sec. 4. Principles in Determining Hours Worked… d) The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered time either if the imminence of the resumption of work requires the employee’s presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employee’s own interest.”

DISPOSITIVE: Faculty Union Won.

DOCTRINE: The legal principles of "No work, no pay; No pay, no ECOLA" must necessarily give way to the purpose of the law to augment the income of employees to enable them to cope with the harsh living conditions brought about by inflation; and to protect employees and their wages against the ravages brought by these conditions. Significantly, it is the commitment of the State to protect labor and to provide means by which the difficulties faced by the working force may best be alleviated.

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