R.A. No. 10023 - An Act Authorizing the Issuance of Free Patents to Residential Lands

Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila

Fourteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 10023

AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTIAL LANDS

ATTY. GODOFREDO "Boy" SEÑIRES, JR JOINS HIS MAKER

GODOFREDO "Boy" SEÑIRES, JR.

GODOFREDO "Boy" V. Senires, Jr. joined our Creator last 23 April 2011 at 1235am while confined at the V. Luna General Hospital in Quezon City. 

Who are covered the employees’ right to self-organization?

The Labor Code of the Philippines, Article 243, provides thus:

ART. 243.  Coverage and Employees’ Right to Self-Organization.  – All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical or educational institutions whether operating for profit or not, shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining.  Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection.

"Wage" and "Salary" Defined

The term "wages," as distinguished from "salary," applies to the compensation for manual labor, skilled or unskilled, paid at stated times, and measured by the day, week, month, or season, while "salary" denotes a higher degree of employment, or a superior grade of services, and implies a position or office; by contrast, the term "wages" indicates inconsiderable pay for a lower and less responsible character of employment, while "salary" is suggestive of a larger and more permanent or fixed compensation for more important service. 

By some of the authorities, it has been noted that the word "wages" in its ordinary acceptance, has a less extensive meaning than the word "salary," "wages" being ordinarily restricted to sums paid as hire or reward to domestic or menial servants and to sums paid to artisans, mechanics, laborers, and other employees of like class, as distinguished from the compensation of clerks, officers of public corporations, and public offices.  

In many situations, however, the words "wages" and "salary" are synonymous. (35 Am. Jur., Sec. 63, pp. 496-497)

Our Supreme Court reached the same conclusion, i.e., the words "wages" and "salary" are in essence synonymous.

Wage Includes Sales Commissions

"Salary," the etymology of which is the Latin word "salarium," is often used interchangeably with "wage," the etymology of which is the Middle English word "wagen."   

Both words generally refer to one and the same meaning, that is, a reward or recompense for services performed.  Likewise, "pay" is the synonym of "wages" and "salary."  

Inasmuch as the words "wage," "pay" and "salary" have the same meaning, and commission is included in the definition of "wage," the logical conclusion is, in the computation of the separation pay, the salary base should include also the earned sales commissions.  (Songco, et al. vs. National Labor Relations Commission, G.R. Nos. 50999-51000, March 23, 1990)

In another case, certain workers received compensation on a percentage commission based on the gross sale of the fish-catch, i.e., 13% of the proceeds of the sale if the total proceeds exceed the cost of the crude oil consumed during the fishing trip, otherwise, only 10% of the proceeds of the sale.  Such compensation falls within the scope and meaning of the term "wage" as defined under Article 97(f) of the Labor Code.  (Ruga, et al. vs. National Labor Relations Commission, G.R. Nos. 72654-61, Jan. 22, 1990)