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109 Univ of Pangasinan Faculty Union v.

Univ of Pangasinan
(127 SCRA 691)
G.R. No. L-63122
February 20, 1984
Digest by: Lanz Olives
Plaintiff: University of Pangasinan Faculty Union
Respondent: University of Pangasinan
Petition: Petition for certiorari
Ponente: 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:
WONfacultymembersofauniversityareentitledtoECOLAduring
semestralbreaks.
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 employees
presence at the place of work or if the interval is too brief to be
utilized effectively and gainfully in the employees 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.
DIGEST RULES:
1. Please dont copy and paste internet digest
2. Maximum of two (2) pages only
3. FORMAT: should look like photocopied SCRA
a. Font: Times New Roman
b. Size: 11
c. Margin: Narrow/ 0.5 in all sides
d. Orientation: Landscape
e. Columns: two
f. Page size: US Letter/ Short/ 8.5x11
4. All files should be in .doc or .docx

5. FILE NAME SHOULD BE CASE NO. TITLE


Ex. 001 De La Salle University v. Miguel Caponong
For the compilation will be made easy
6. If there are complains about poor writing/ digesting skills
a. 1st complain re-write digest
b. 2nd complain compile the digest for 2 consecutive
weeks
c. 3rd complain will not be allowed to join the digest
group and should not receive any digest copy
7. Make the facts short and precise
8. The issue should be listed is only applicable to the topic
indicated in the syllabus
9. Everything should be in bullet or numbered form EXCEPT if
there is only one issue
10. Submit digest on time for efficient collation of cases

11. DIGEST WILL NOT BE POSTED IN OUR GROUPS BUT


SHOULD BE EMAILED TO THE WEEK COMPILER
12. The assigned student who will compile cases should upload
it on the same day in .doc or .docx and .pdf file
13. Below is the digest sample

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