2
KAPISANAN VS MANILA RAILROAD (G.R NO. L- 25316 ) FACTS: Mandamus petition dismissed by the lower court, petitioner-appellant would seek for a reversal of such decision relying on what is considered to be a right granted by section 62 of the Republic Act No. 2023, more specifically the first two paragraphs thereof: 1. A member of the cooperative may, notwithstanding the provisions of the existing laws, execute an agreement in favor of the co- operative authorizing his employer to deduct from the salary or wages payable to him by the employer such amount as may be specified in the agreement and to pay the amount so deducted to the co-operative in satisfaction of any debt or other demand owing from the member to co-operative. 2. Upon the exemption of such agreement to the employer shall if so required by the co-operative by a request in writing and so long as such debt or other demand or any part of it remains unpaid, make the claimant and remit forth with the amount so deducted to the co-operative. Petitioner contends that under the above provisions of Rep. Act 2023, the loan granted by credit union to its members enjoy first priority in the payroll collection from the respondent’s employees’ wages and salaries. ISSUE: Whether or not the petitioner’s interpretation of RA 2023 is correct? HELD: NO. There is nothing in the provision of Rep. Act 2023 hereinabove quoted which provides that obligation of laborers and employees payable to credit unions shall enjoy first priority in the deduction from the employees’ wages and salaries. The only effect of Rep. Act 2023 is to compel the employer to deduct from the salaries or wages payable to members of the employees’ cooperative credit unions the employees’ debt to the union and to pay the same to the credit union. If the Rep. Act 2023 had been enacted, the employer could not be compelled to act as the collecting agent of the employees’ credit union for the employees’ debt to his credit union but to contend that the debt of a member of the employees

Kapisanan vs Manila Raidroad

Embed Size (px)

DESCRIPTION

Stat Con

Citation preview

Page 1: Kapisanan vs Manila Raidroad

KAPISANAN VS MANILA RAILROAD (G.R NO. L- 25316 )

FACTS:

Mandamus petition dismissed by the lower court, petitioner-appellant would seek for a reversal of such decision relying on what is considered to be a right granted by section 62 of the Republic Act No. 2023, more specifically the first two paragraphs thereof:

1. A member of the cooperative may, notwithstanding the provisions of the existing laws, execute an agreement in favor of the co-operative authorizing his employer to deduct from the salary or wages payable to him by the employer such amount as may be specified in the agreement and to pay the amount so deducted to the co-operative in satisfaction of any debt or other demand owing from the member to co-operative.

2. Upon the exemption of such agreement to the employer shall if so required by the co-operative by a request in writing and so long as such debt or other demand or any part of it remains unpaid, make the claimant and remit forth with the amount so deducted to the co-operative.

Petitioner contends that under the above provisions of Rep. Act 2023, the loan granted by credit union to its members enjoy first priority in the payroll collection from the respondent’s employees’ wages and salaries.

ISSUE: Whether or not the petitioner’s interpretation of RA 2023 is correct?

HELD:

NO. There is nothing in the provision of Rep. Act 2023 hereinabove quoted which provides that obligation of laborers and employees payable to credit unions shall enjoy first priority in the deduction from the employees’ wages and salaries.

The only effect of Rep. Act 2023 is to compel the employer to deduct from the salaries or wages payable to members of the employees’ cooperative credit unions the employees’ debt to the union and to pay the same to the credit union. If the Rep. Act 2023 had been enacted, the employer could not be compelled to act as the collecting agent of the employees’ credit union for the employees’ debt to his credit union but to contend that the debt of a member of the employees cooperative credit union as having first priority in the matter of deduction is to write something into the law which does not appear.

The mandatory character of Rep. Act 2023 is only to compel the employer to make the deduction of the employees’ debt from the latter’s salary and turn this over o he employees’ credit union but this mandatory character does not convert the credit union’s credit into a first priority credit.

The applicable provision of Republic Act No. 2023 quoted earlier, speaks for itself. There is no ambiguity. Since nothing in said provision from which it could be implied that it gives top priority to obligations of the nature of that payable to petitioner, and that, therefore, respondent company did not violate the above-quoted section 62 of Republic Act 2023.

It has been repeated time and time again that where the statutory norm speaks unequivocally, there is nothing for the courts to do except to apply it. The law, leaving no doubt as to the scope of its operation must be obeyed.