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

Social Justice, concept If congress suddenly abolishes the labor code, your remedy cannot
be judicial. Your remedy is political. Change those people in
..so few at the top, so many below that it will not explode. If it Congress who will enact laws to implement the labor social justice
explodes, then that is the end of society. The remote aim of social policies in the constitution.
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. Sec. 1, Art. III, 1987 Constitution

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


without due process of law, nor shall any person be denied the
Because of social justice, the constitution singles out sectors in equal protection of the laws.
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
Sec 3, Art. XIII, 1987 Constitution
justice.
Section 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full
Article XIII, 1987 Constitution 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
It shall guarantee the rights of all workers to self-organization,
employment and equality of employment opportunities for all.
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,
It shall guarantee the rights of all workers to self-organization, and a living wage. They shall also participate in policy and
collective bargaining and negotiations, and peaceful concerted decision-making processes affecting their rights and benefits as
activities, including the right to strike in accordance with law. They may be provided by law.
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
The State shall promote the principle of shared responsibility
may be provided by law.
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.
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.
Enumeration of Labor Rights Enumeration of Rights in the
in the Social Justice thrust in Bill of Rights
the Constitution Equal Protection Protection Mandated in
Sec.3, Art. XIII
Needs implementation. Self executory - no need for
Congress has to pass laws. implementing legislation. It is Symbolized by the goddess of What kind of protection does
already the source of right. justice. the constitution mean?

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

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

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