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Cebu Oxygen & Acetylene Co. vs. Secretary Drilon

CEBU OXYGEN & ACETYLENE CO., INC. (COACO), petitioner, vs. SECRETARY FRANKLIN M. DRILON OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, ASSISTANT REGIONAL DIRECTOR CANDIDO CUMBA OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, REGIONAL OFFICE NO. 7 AND CEBU OXYGEN-ACETYLENE & CENTRAL VISAYAS EMPLOYEES ASSOCIATION (COACVEA), respondents.

G.R. No. 82849 | 1989-08-02

D E C I S I O N

GANCAYCO, J.:

The principal issue raised in this petition is whether or not an Implementing Order of the Secretary of Labor and Employment(DOLE) can provide for a prohibition not contemplated by the law it seeks to implement

The undisputed facts are follows:

Petitioner and the union of its rank and file employees, Cebu Oxygen, Acetylene and Central Visayas Employees Association (COAVEA) entered into a collective bargaining agreement (CBA) covering the years 1986 to 1988. Pursuant thereto, the management gave salary increases as follows:

"ARTICLE IV ---- SALARIES/RICE RATION

"Section 1. The COMPANY agrees that for and...