A.

Summary of Issued
The primordial and imperative issued raised in this paper may be summed up as follows:
(1) Is Article 294 adequate and complete by itself in terms of providing the proper reliefs and remedies to illegally dismissed
employees?
(2) Is the Supreme Court engaged in judicial legislation when it declared and established doctrinal rulings on reliefs and remedies not
found in, or based on, the provisions of Artcile 294?
(3) Are the doctrinal pronouncements of the Supreme Court arbitrary in nature as would result in the deprivation of illegally dismissed
employees to their right to security of tenure?
(4) Is an amendment to Article 294 of the Labor Code necessary to reflect the reliefs and remedies that are not embodied therein but
have been for years doctrinally promulgated and pronounced by the Supreme Court in illegally dismissed cases?
b. Discussion of the Issue and Conclusion
(1) Is Article 294 adequate and complete by itself in terms of providing the proper reliefs and remedies to illegally dismissed employees?
Based on the discussion in the preceding chapters of this paper, the answer to this question is evidently in the negative. There are only
2 basic remedies provided for in Article 294….
(2) Is the Supreme Court engaged in judicial legislation when it declared and established doctrinal rulings on reliefs and remedies not found in, or
based on, the provisions of Artcile 294?
As intimated in its very title, this paper aims to dissect closely the most important provision of the Labor Code on security to tenure-
Article 294- in order to ascertain not only its deficiencies and inadequacies….
(3) Are the doctrinal pronouncements of the Supreme Court arbitrary in nature as would result in the deprivation of illegally dismissed employees
to their right to security of tenure?
While the Supreme Court is well intentioned in its pronouncements, it cannot be gainsaid, however, that in the course of the discharge
of judicial review, there are instances where it may have overstepped the bounds of its proper exercise…
(4) Is an amendment to Article 294 of the Labor Code necessary to reflect the reliefs and remedies that are not embodied therein but have been
for years doctrinally promulgated and pronounced by the Supreme Court in illegally dismissed cases?
To address all the issues cited and discussed above and to avoid any further confusion and debate over the proper reliefs and remedies
available to illegally dismissed employees, an amendatory legislation is urgently necessary…

B. Recommendation
In view of all the foregoing discussion and fully taking into account all the important points of law and jurisprudence cited and
expounded herein, it is the recommendation of this paper that Article 294 be amended to read as follows: