Time: 25:01-50:02 3. It’s a co-equal branch of government.

Social Justice, concept
..so few at the top, so many below that it will not explode. If it
explodes, then that is the end of society. The remote aim of social
justice is for the general welfare. Only, in its immediate effect it
gives more to those who have less in life. But in so attending to the
many, you save all of them. That is the thinking and that is in our
constitution.
If congress suddenly abolishes the labor code, your remedy cannot
be judicial. Your remedy is political. Change those people in
Congress who will enact laws to implement the labor social justice
policies in the constitution.
Sec. 1, Art. III, 1987 Constitution

Section 1. No person shall be deprived of life, liberty, or property

Because of social justice, the constitution singles out sectors in
society that are considered rightful beneficiaries of the law that will
give to those who have less. One of them principally is the
working man. That is why there is an article on labor and social
justice.
Article XIII, 1987 Constitution
without due process of law, nor shall any person be denied the
equal protection of the laws.
Sec 3, Art. XIII, 1987 Constitution
Section 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.

Section 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law. They
shall be entitled to security of tenure, humane conditions of work,
and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as
may be provided by law.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law. They
shall be entitled to security of tenure, humane conditions of work,
and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as
may be provided by law.
The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation, and
shall enforce their mutual compliance therewith to foster industrial
peace.

The state is mandated - that is the thrust of social justice. It already

mentions the labor rights.
Enumeration of Labor Rights
in the Social Justice thrust in
the Constitution
Needs implementation.
Congress has to pass laws.
Enumeration of Rights in the
Bill of Rights
Self executory - no need for
implementing legislation. It is
already the source of right.
The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in the
fruits of production and the right of enterprises to reasonable
returns on investments, and to expansion and growth.
Equal Protection Protection Mandated in
Sec.3, Art. XIII
Symbolized by the goddess of What kind of protection does
justice. the constitution mean?

Q: If congress repeals this, is it within their power? Justice is portrayed as a female
goddess. Female because it
has to be pursued.
A: Yes. The power of Congress is plenary. It covers all subjects.
The state, principally through
legislation will pass laws to
protect you. How does the law
protect you?

It is blindfolded so that she will

be oblivious to all other Example: you were engaged to
Q: If it abolishes the Labor Code, what is the effect? Can you go to
extraneous matters which has clean in exchange for food but
the Supreme Court and ask for an order to command congress to
nothing to do with the without salary. After 3 months,
pass implementing legislations on security of tenure..etc?
determination of who is right. your “amo” notices some tools
missing and then tells you to
leave.
A: You cannot.
All that justice has to be is to be
1. You cannot command a discretionary act; sensitive to the trepidation of
the balance. You now go to the labor arbiter
2. It’s a separate branch of government; who helps you file a case for
 illegal dismissal. There is a form right to even go back to his
you sign enumerating what the word.
Quantum evidence required law requires a worker be paid
depending on the nature of the and you checked everything
case: although you were not actually
Even if his waiver was
paid.
1. Proof beyond reasonable notarized, it is not waivable in
doubt; the forward direction.

2. Clear and convincing Then your “amo” denies that

evidence;
3. Preponderance of evidence;
4. Substantial evidence.
you were employed by him and
This is one of the few instances
claims he was only trying to
in law where there is a
help you. Is that a defense?
MANDATORY APPEAL.

There was engagement

because he was “SUFFERED
OR PERMITTED TO WORK”
(note: remember this term).
That is enough. You are already
engaged. Giagwanta ang iyang
pagpanarbaho.

Is it a defense for the employer

to say “we did not talk about
wage” Kaluoy lang man tong
ako. He waived his right to
minimum wage. Nganong
mangayo naman sila ug
sweldo?

When the employer says “the

employee waived his right to
minimum wage -Does that have
value in labor controversies?

Ans: You CANNOT waive

minimum wage. It is contrary
to public policy. When the state
protects labor, that means, he
protects labor from itself. Even
the laborer is protected against
himself. He cannot waive labor
rights.

You can only waive your labor

rights in the backward direction.
You cannot waive it forward.

When you go to the labor arbiter

and then the labor arbiter brings
you and your employer together
and says “is there a possible
compromise?”

Ans: Here, you can waive

because it is REDUCED TO A
MONEY CLAIM. You are
already looking back.

This is one of the ways the law

protects the worker. He has the