ARTICLE 13

SOCIAL JUSTICE AND HUMAN RIGHTS

Social Justice
-Social justice in the Constitution is principally the embodiment of the principle that those who have less in life
should have more in law
- The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not only
economic social justice but also political social justice.
Principal activities in order to achieve social justice
▧ 1) Creation of more economic opportunities and more wealth; and
▧ 2) Closer regulation of the acquisition, ownership, use and disposition of property in order to achieve
a more equitable distribution of wealth and political power
LABOR
SECTION 3
▧ FULL PROTECTION TO LABOR
▧ PROMOTE FULL EMPLOYMENT
▧ EQUALITY OF EMPLOYMENT OPPORTUNITIES FOR ALL
Right to organize and to hold peaceful concerted activities
▧ The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors.
▧ The workers have a right to hold peaceful concerted activities except the right to strike, which is subject
to limitation by law.
Right to participate in the decision making process of employers
▧ The workers have the right to participate on matters affecting their rights and benefits, “as may be
provided by law”.
This participation can be through:
▧ 1) collective bargaining agreements,
▧ 2) grievance machineries,
▧ 3) voluntary modes of settling disputes, and
▧ 4) conciliation proceedings mediated by government.
Agrarian Reform
SECTION 4 Agrarian Reform
Goals:
-efficient production
-more equitable distribution of land which recognizes the right of farmers and regular farm workers who are
landless to own the land they till
-a just share of other or seasonal farm workers in the fruits of the land
COMPREHENSIVE AGRARIAN REFORM LAW
- CARL as an exercise of police power and power of eminent domain

▧ To the extent that the law prescribes retention limits for landowners, there is an exercise of police
power. But where it becomes necessary to deprive owners of their land in excess of the maximum
allowed there is compensable taking and therefore the exercise of eminent domain
▧ It extends not only to private agricultural lands, but also to “other natural resources,” even including
the use and enjoyment of “communal marine and fishing resources” and “offshore fishing grounds”.
URBAN LAND REFORM AND HOUSING
▧ AIM TO MAKE AVAILABLE AFFORDABLE COST DECENT HOUSING AND BASIC SERVICES TO THE
UNDERPRIVILEGED AND HOMELESS CITIZENS IN URBAN CENTERS AND RESETTLEMENTS AREAS.
HEALTH
▧ HEALTH AND SOCIAL SERVICES TO ALL PEOPLE AT AN AFFORDABLE COST
▧ FREE MEDICAL CARE FOR PAUPERS
▧ FOOD AND REGULATORY BOARD
▧ ESTABLISH AN AGENCY FOR DISABLED PERSONS
WOMEN
▧ STATE SHALL PROTECT WORKING WOMEN
▧ HEALTHFUL WORKING CONDITIONS
▧ ACCOUNT THEIR MATERNAL FUNCTIONS
ROLE AND RIGHTS OF PEOPLE’S ORGANIZATIONS
▧ STATE SHALL RESPECT THE ROLE OF INDEPENDENT PEOPLE’S ORGANIZATIONS
 ▧ PEOPLE’S ORGANIZATION ARE ASSOCITIONS OF CITIZENS WITH DEMONSTRATED CAPACITY TO
PROMOTE THE PUBLIC INTEREST AND WITH IDENTIFIABLE LEADERSHIP, MEMBERSHIP AND STRUCTURE.
▧ THE STATE WILL CONSULT THEM
The Commission on Human Rights
▧ Composition:
▧ 1) Chairman; and 2) 4 members
▧ Qualifications:
▧ 1) Natural-born citizens of the Philippines;
▧ 2) Majority of the Commission must be members of the Philippine Bar;
▧ 3) Term of office, other qualifications and disabilities shall be provided by law;
▧ 4) The appointment of the CHR members is NOT subject to CA confirmation; and
▧ 5) The CHR is not of the same level as the COMELEC, CSC, or COA.
CHR POWERS
1. Investigate all forms of human rights violations involving civil or political rights
▧ Violations may be committed by public officers or by civilians or rebels.
▧
▧ CHR has NO adjudicatory powers over cases involving human rights violations.
▧ They cannot investigate cases where no rights are violated.
▧ 4) Provide appropriate legal measures for the protection of the human rights of all persons, within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid
services to the underprivileged whose human rights have been violated or need protection.
▧ CHR can initiate court proceedings on behalf of victims of human rights violations.
▧ They can recommend the prosecution of human rights violators, but it cannot itself prosecute these
cases.
▧ C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights violators.
These must be obtained from the regular courts.
▧ 5) Exercise visitorial powers over jails, prisons and other detention facilities.
▧ 6) Establish continuing programs for research, education and information in order to enhance respect
for the primacy of human rights.
▧ 7) Recommend to Congress effective measures to promote human rights and to provide compensation
to victims of human rights violations or their families.
▧ 8) Monitor compliance by the government with international treaty obligations on human rights.