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Alliance of Government Workers vs. Minister of Labor and Employment 209 Phil. 1 [DISSENTING OPINION, MAKASIAR, J.]

ALLIANCE OF GOVERNMENT WORKERS (AGW); PNB-FEMA BANK EMPLOYEES ASSOCIATION (AGW); KAISAHAN AT KAPATIRAN NG MGA MANGGAGAWA AT KAWANI NG MWSS (AGW); BALARA EMPLOYEES LABOR ASSOCIATION (AGW); GSIS WORKERS ASSOCIATION (AGW); SSS EMPLOYEES ASSOCIATION (AGW); PVTA EMPLOYEES ASSOCIATION (AGW); NATIONAL ALLIANCE OF TEACHERS AND OFFICE WORKERS (AGW), petitioners, vs. THE HONORABLE MINISTER OF LABOR and EMPLOYMENT, PHILIPPINE NATIONAL BANK (PNB); METROPOLITAN WATERWORKS and SEWERAGE SYSTEM (MWSS); GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS); SOCIAL SECURITY SYSTEM (SSS); PHILIPPINE VIRGINIA TOBACCO ADMINISTRATION (PVTA); PHILIPPINE NORMAL COLLEGE (PNC); POLYTECHNIC UNIVERSITY OF THE PHILIPPINES (PUP), respondents. [DISSENTING OPINION, MAKASIAR, J.]

G.R. No. L-60403 | 1983-08-03

MAKASIAR, J., dissenting:

The petition should be granted.

Presidential Decree No. 851 promulgated on December 16, 1975 reads thus:

"WHEREAS, it is necessary to further protect the level of real wages from the ravage of world-wide inflation;

"WHEREAS, there has been no increase in the legal minimum wage rates since 1970;

"WHEREAS, the Christmas season is an opportune time for society to show its concern for the plight of the working masses, so they may properly celebrate Christmas and New Year.

"NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution do hereby decree as follows:

"SECTION 1. All employers...