WESTERN MINDANAO STATE UNIVERSITY
College of Law
Subject: Philosophy of Education
THE PEOPLE OF THE PHILIPPINES VS. JULIO POMAR
G.R. No. L-22008 November 3, 1924
Johnson, J.:
FACTS:
The prosecuting attorney of the City of Manila presented a complaint in the Court of First
Instance in October 1923, accusing the defendant of a violation of section 13 in connection with
section 15 of Act No. 3071 of the Philippine Legislature. The complaint alleged that the said
accused, being the manager and person in charge of La Flor de la Isabela a tobacco company
duly authorized to transact business in said city, and having, during the year 1923, granted a
female worker vacation leave by reason of her pregnancy, did then and there willfully,
unlawfully, and feloniously fail and refuse to pay to said woman the sum of eighty pesos (P80),
to which she was entitled as her regular wages.
The defendant alleging that the facts therein contained did not constitute an offense. He
answered and admitted at the trial all of the allegations contained in the complaint, and
contended that the provisions of said Act No. 3071, upon which the complaint was based were
illegal, unconstitutional and void. Upon a consideration of the facts, the judge, found the
defendant guilty of the alleged offense, and sentenced him to pay a fine of P50, in accordance
with the provisions of section 15 of said Act, to suffer subsidiary imprisonment in case of
insolvency, and to pay the costs.
From that sentence the defendant appealed, and now makes the following assignments of error:
That the court erred in overruling the demurrer; in convicting him of the crime charged in the
information; and in not declaring section 13 of Act No. 3071, unconstitutional.
Honorable C. A. Imperial, judge, found the defendant guilty of the alleged offense described in
the complaint, and sentenced him to pay a fine of P50, in accordance with the... provisions of
section 15 of said Act, to suffer subsidiary imprisonment in case of insolvency, and to pay the
costs.
ISSUES:
Whether or not the provisions of sections 13 and 15 of Act No. 3071 are a reasonable and lawful
exercise of the police power of the state.
DECISION:
The sentence of the lower court is hereby revoked, the complaint is hereby dismissed, and the
defendant is hereby discharged from the custody of the law, with costs de oficio. The rule in this
jurisdiction is, that the contracting parties may establish any agreements, terms, and conditions
they may deem advisable, provided they are not contrary to law, morals or public policy.
The statute in question is exactly analogous to the "Minimum Wage Act" referred to above. In
section 13 it will be seen that no person, firm, or corporation owning or managing a factory shop,
or place of labor of any description, can make a contract with a woman without incurring the
GEDUQUIO, MARY CLAIRE I. JD-IA, WMSU COL (AY 2022-2023)
obligation, whatever the contract of employment might be, unless he also promise to pay to such
woman employed as a laborer, who may become pregnant, her wages for thirty days before and
thirty days after confinement.
SEPARATE OPINION:
With all due respect to the higher court, we dissent the decision of Justice Johnson.
Liberty includes not only the right to labor, but to refuse to labor, and, consequently, the right to
contract to labor or for labor, and to terminate such contracts, and to refuse to make such
contracts. The legislature cannot prevent persons, who are sui juris, from laboring, or from
making such contracts as they may see fit to make relative to their own lawful labor; nor has it
any power by penal laws to prevent any person, with or without cause, from refusing to employ
another or to terminate a contract with him. In this case, the female employee was under contract
with the tobacco company and part of it is compensating the employee 30 days before and 30
days after confinement. The Court may still dismiss the complaint because its allegations are
unconstitutional, however, the Pomar should still be required to pay the rightful amount to the
female employee since it is stated in the contract.
GEDUQUIO, MARY CLAIRE I. JD-IA, WMSU COL (AY 2022-2023)
