ArioLegal Your Brother in Law

Study Guide in
SOCIAL LEGISLATION

Constitutional Provisions on Social Justice


Article II : Declaration of Policies and State Principles
Section 9: Promotion of just and dynamic social order
Section 18: Labor as a primary social economic force


Article III : Bill of Rights
Section 8: Right to form labor unions, associations or
societies
Section 18(2): Prohibition of involuntary servitude


Article IX(B) : Constitutional Commissions Civil Service
Commission
Section 2(3): Removal for just cause
Section 2(5): Right to self-organization
Section 2(6): Protection to government temporary
employees
Section 5: Salary/Compensation standardization


Article VI : The Legislative Department
Section 5(1): Congressional representation of marginalized
sectors


Article XII : National Economy and Patrimony

Section 1: Equitable distribution of opportunities, income
and wealth
Section 14: Promotion of talents, skills, craftsmanship and
profession


Article XIII : Social Justice and Human Rights
Section 1: Protection of human dignity, reduction and
removal of inequities
Section 2: Promotion of social justice
Section 3: Full protection to labor, equal employment
opportunities
Section 4: Undertaking of agrarian reform
Section 5: Right of farmers, farmworkers and landowners
Section 6: Disposition and utilization of other natural
resources
Section 7: Right of subsistence fisherfolk
Section 8: Industrialization, incentives to investment in
CARP
Section 9: Urban land reform and housing
Section 14: Welfare of working women


Article XIV : Education, Science and Technology
Section 8: Benefits to pensioners

Cases for Study on Social Justice


Social justice is neither communism, nor despotism, nor atomism,
nor anarchy, but the humanization of laws and the equalization of
social and economic forces by the State, Maximo Calalang versus
A.D. Williams, G.R. No. 47800, 02 Dec. 1940).


Those who have less in life should have more in law. (PPA
Employees versus COA, G.R. No. 160396, 06 Sept. 2005), and the
dole-outs under the Burial Assistance Program of Makati as
paragon of pauperism (Hon. Jejomar Binay versus Eufemio Domingo
and COA, G.R. No. 92389, 11 September 1991).


The party-list system is a social justice tool designed not only to
give more law to the great masses of our people who have less in
life, but also to enable them to become veritable lawmakers
themselves. Those who have less in life should have more in law.
(Ang Bagong Bayani OFW Labor Party versus Ang Bagong Bayani
OFW Labor Party Go! Go! Philippines, G.R. No. 147589, 26 June
2001).

"...[F]reedom to differ is not limited to things that do not matter
much. That would be a mere shadow of freedom. The test of its
substance is the right to differ as to things that touch the heart of
the existing order." "We cannot help but observe that the social
issues presented by this case are emotionally charged, societal
attitudes are in flux, even the psychiatric and religious communities
are divided in opinion. This Courts role is not to impose its own
view of acceptable behavior. Rather, it is to apply the Constitution
and laws as best as it can, uninfluenced by public opinion, and
confident in the knowledge that our democracy is resilient enough to
withstand vigorous debate. [Ang Ladlad LGBT Party versus
Comelec, G.R. No. 190582, 08 Apr. 2010].



Art. II:10, Art. XII:15, XIII:2, RA 9520. Cooperatives are
instruments for social justice and economic development.
(Dumaguete Cathedral Credit Coop. versus BIR Commissioner, G.R.
No. 182722, 22 Jan. 2010)


Policy of social justice is to strike a balance between an avowed
predilection for labor, on the one hand, and the maintenance of the
legal rights of capital. (PNOC-EDC versus Frederick Abella, G.R. No.
153904 , 17 Jan. 2005)


The Constitution characterizes labor as a primary social economic
force. (Spic N Span versus Gloria Paje, G.R. No. 174084, 25 Aug.
2010), and as such, the State is bound to protect the rights of
workers and promote their welfare (PNB versus Dan Padao, G.R.
Nos. 180849 and 187143, 16 Nov. 2011).


Under the policy of social justice, the law bends over backward to
accommodate the interests of the working class on the humane
justification that those with less privilege in life should have more in
law. (Antonio Serrano versus Vallant Maritime Services, G.R. No.
167614, 24 Mar. 2009)


The Constitution mandates "the principle of shared responsibility"
between workers and employers to promote industrial peace.
(Standard Chartered Bank Employees Union versus Hon. Nieves
Confesor, G.R. No. 114974 , 16 June 2004).


Law on execution pending appeal of decisions reinstating dismissed
employee lays down a compassionate policy which, once more,
vivifies and enhances the provisions of the 1987 Constitution on
labor and the working man. (Alejandro Roquero versus PAL, G.R.
No. 152329, 22 April 2003).



Labor:


Social justice must be founded on the recognition of the necessity of
interdependence among diverse units of a society and of the
protection that should be equally and evenly extended to all groups
as a combined force in our social and economic life. (Damian Aklan
versus San Miguel Corp., G.R. No. 168537, 11 Dec. 2008,
citing Agabon v. National Labor Relations Commission, G.R. No.
158693, 17 Nov. 2004, and Calalang versus Williams, 70 Phil. 726,
735 (1940).


When award of separation pay as measure of social justice allowed
to a dismissed employee.
Equitable PCI Bank versus Castor A. Dompor, G.R. Nos.
163293 & 163297, 08 Dec. 2010.),
Central Philippines Bandag versus Prudencio Diasnes, G.R.
No. 163607, July 14, 2008,
Romeo Villaruel vs. Yeo Han Guan, G.R. No. 169191, June 1,
2011.


Social justice and equity are not magical formulas to erase the
unjust acts committed by the employee against his employer. While
compassion for the poor is desirable, it is not meant to coddle those
who are unworthy of such consideration. (Reno Foods, Inc. versus
Nagkakaisang Lakas ng Manggagawa, G.R. No. 164016, 15 Mar.
2010).


Agrarian Reform:


The duty of the court to protect the weak and the underprivileged
should not be carried out to such an extent as to deny justice to the
landowner whenever truth and justice happen to be on his side. xxx
This Court can not sit idly and allow a government instrumentality
to trample on the rights of bona fide landowners in the blind race for
what it proclaims as social justice. As Justice Isagani Cruz succinctly
held, social justice is to be afforded to all. (Agrarian Reform
Beneficiaries Association versus Nicolas and Olimpio Cruz, G.R. No.
168394, 06 Oct. 2008)

Agrarian reform finds context in social justice in tandem with the
police power of the State. But social justice itself is not merely
granted to the marginalized and the underprivileged. But while the
concept of social justice is intended to favor those who have less in
life, it should never be taken as a toll to justify let alone commit an
injustice. (Land Bank versus Estate of J. Amado Araneta, G.R. No.
161796, 08 Feb. 2012)


Social Justice and Just Comepnsation in agrarian program (Land
Bank versus Honeycomb Farms, G.R. No. 169903, 29 Feb., 2012),
and Apo Fruits Corp. versus Land Bank, G.R. No. 164195, 05 April
2011)

Determination f just compensation under PD NO. 27. (Land Bank
versus Heirs of Angel Domingo, G.R. No. 168533, 04 Feb.2008)