- Petitioner
- Alliance of Government Workers
- Respondent
- Minister of Labor and Employment
- Citation
- G.R. No. L-60403
- Court
- Supreme Court
- Division
- En Banc
- Ponente
- Gutierrez, Jr., J.
- Decided
- August 3, 1983
Whether government-owned or controlled corporations and government agencies are required to pay 13th month pay under Presidential Decree No. 851
Summary
The Supreme Court En Banc dismissed a petition by government workers' unions challenging the exclusion of government agencies and corporations from Presidential Decree No. 851's 13th month pay requirement. The Alliance of Government Workers argued that the implementing regulations unlawfully exempted government entities not excluded by the decree's text. The Court held that P.D. No. 851 was intended only for private sector workers, as evidenced by its 'whereas' clauses referencing minimum wage protections applicable only to private employment. Under the 1973 Constitution, government-owned corporations became part of the civil service, subjecting their employees to legislative rather than collective bargaining determination of compensation. The decision affirmed that government workers cannot use strike threats or concerted action to secure benefits beyond those provided by law, distinguishing them from private sector employees who rely on collective bargaining.