On Amending the Constitution Vicente V. Mendoza A Re-Examination of Supreme Court Rulings on ‘Multiple Marriages and the Effect of the Family Code ‘Araceli T. Baviera Limited Liability Companies: Emerging Trends in Veil Piercing Llewellyn L. Llanillo ‘Thinking Outside the Box: The South China Sea Issue and the United Nations Convention on the Law of the Sea Lowell B. Bautista Labor Laws as Secundum Rationem and Secundum Caritatem: Applying Social Justice Without Causing an Injustice Karen V. Jimeno ‘Marriage Through Another Lens: Weighing the Validity of Same-Sex Marriages by Applying Arguments to Bisexuals and Transexuals Oscar Franklin B. Tan Wading Through the Murky Waters of State Exactions ‘Alain Charles J. Veloso ‘You, Me and the Firm: Tracing the Historical Development of Philippine Legal Practice from Solo Practice to Law Firms Jonathan T. Pampolina Juan Crisostomo M. Echiverri VOLUME 81 MAY 2007 NO.4LABOR Laws As SECUNDUM RATIONEM ' AND SECUNDUM CARITATEM:* APPLYING SOCIAL JUSTICE WITHOUT CAUSING AN INJUSTICE Karen V. Jineno” “There may be cases where the circumstances warrant favoring labor over the interests of management but never should the scale be tilted if the result isan injustice to the employer.” Justice Padilla > “The Court must take car, however, that in the contest between Labor and capital, the results achieved are fair and in conforenity with rales.” - Justice Sarmiento * sccorling to reason". # Latin, meaning “according to charitable heart”; Courts have held that labor law determinations ace not only secundum rationem but secundum eastatema in Phiippine Air Lines Ine. v. Philippine Aie Lincs Employees Assocation (PALEA), GR. No. 24626, 87 SCRA 489, une 28, 1974, Alia eta. BE. Goodrich Phiippines, Inc. et al, GR. No. 34974, $8 SCRA 120, July 25, 1974; Progressive Worker’ Union ete . Aguas etal, GIR. Nox $9711-12, 150 SCRA 429, May 29,1987 * Associate, Quisumbing Tores Law Fim, LLB, Cam Laud, University of the PNippines (2005) AB. Humanities, Magna Cem Laude, Univesity of Asa snd the Pacific 2 Philippine Geoshesmal Tne. v. National Labor Relations Commission, G.R. No. 106570, 236 SCRA 371, Sep. 8, 1994, 4 Reliance Suzety and Insurance Co, Ine. v. National Labor Relations Comynision, G.R. Nos 6917-18, 193 SCRA 365, Jan, 25, 1991 7322006] APPLYING SOCIAL JUSTICE 733 WITHOUT CAUSING AN INJUSTICE I. INTRODUCTION |As long as men undertook such works only as a single person, ‘could finish, and stuck to such arts as did not require the joint endeavors of several hands, they lived freely, healthy, honest, and happy, as much as their nature would admit, and continued to enjoy with each other all pleasures of an independent intercousse; but from the moment one man began to stand in anced for another's assistance, from the moment it appeared an advantage for one man to possess the quantity of provisions requisite for two, all equality vanished, property started up; labor became necessary, and boundless forests became smiling fields, which it was found necessary to water with human sweat, and in which slavery and misery were seen to sprout out and grow with the fruits of the earth. .$ Such is the bleak picture that Rousseav depicts in explaining bow and why the concept of labor emerged. Nonetheless, the concept of labor is one which has continued to subsist since time immemorial In its limited concept, the term ‘Tabor’ refers to physical or mental exertion necessary to produce goods. In its broad concept it may include the labor force who are employed or those who are able and willing to work but are temporarily or involuntarily unemployed.* It is a truism that because of the economic superiority of capital, labor, as a factor of production, is weak and helpless and finds itself easily in teouble without the necessary succor from the State” ‘The historical experience of numerous countries over the world has shown the importance of labor to the stability, not only of the economic, but the social and political order as well. Professor Daugherty, in his study of the development of labor in Western Civilization, observed that it is during times of prolonged ot severe unemployment that stability of an existing onganization is most likely to be threatened by revolutionary movements.* Jobless wage-carners may become easy preys to radical doctrines because of 2 Jean Jacques Rousseau, DISCOURSE ON THE ORIGIN AND FOUNDATION OF THE INEQUALITY (OF MANKIND at 52 (1754). 1 Wilbert Moore, INDUSTREAT, RELATIONS AND THE SOCIAL ORDER at 55-456 (1951). 7 Salvador Poquiz, NEW PHI :PPRNE CONSTITUTION at 16 (1979)~ 11 Carzll Daugherty, LABOR PROBLEMS IN AMERICAN INDUSTRY a¢ 42 (1952.734 ‘PHILIPPINE LAW JOURNAL [Vor. 81 an abusive and unfair existing economic order. Theis resentment may ignite social tension which may cause revolution o civil war? In the Philippines, the role of labor has also been recognized and given primacy. In one case, the Supreme Court emphatically declared: ‘The Supreme Court reaffirms its concem for the lowly worker who, often at his employer's mercy, must look up to the law for his protection. The law regards him with tendemess and even favor and always with faith and bape in bis eqpacty o help in shaping the nation’s future. How society treats bing determines whether the hae in ‘is bands shall be a caring tol for beauty and progress or an angry weapon of defiance and revenge. TE we cherish him as we should, we must resolve to lighten ‘the weight of centuries of exploitation and disdain that bends bis back but does not bow bis bead (esnphasis supplied) Thus, the supreme law of the Philippines “affirms labor as a primary social economic force” and guarantees “to protect the rights of workers and promote their welfare.”"" This, says the constitutionalist Fr. Joaquin Bernas, is a recognition of the reality that, in a situation of extreme mass poverty, political rights, no matter how strongly guaranteed by the constitution, become largely rights enjoyed by the upper and middles class and are a myth for the underprivileged. Without the improvement of economic conditions, there can be no real enhancement of the political rights of the people."? But it should not be deduced that the basic policy of the State is to favor labor to prejudice capital. The plain reality is that both sectors need each other. They are interdependent—one is inutile without the other, Hence the better understanding is that the basic policy is to balance or to coordinate the tights of both labor and capital. What follows here is an analysis of how the policy of balancing or coordinating the rights of labor and capital is carried out, if at all. * Salvador Poguiz, LABOR LAW AND SOCIAL LEGISLATION at 4 (1983). '* Cebu Royal Plant v. Minister of Labor, G.R. No. 58639, Aug, 12, 1987. "Const. at 1, § 18 "Joaquin Bernas, THE CONSTITUTION OF THE PHILIPPINES: A COMMENTARY at 470 (1988). 1 Ces Azueens, THE LABOR CODE WITH COMMENTS AND CASES at 17 (1999).2006] APPLYING SOCIAL JUSTICE 735 WITHOUT CAUSING AN INJUSTICE SOME BASIC PREMISES AND LIMITATIONS “Analyzing how to balance the sights of labor and capital necessarily entails a discussion of the state policy on labor, its basis and justification. Given the wide spectrum of the field of labor law, the analysis will concentrate on the area of employment termination, particularly on the issue of dismissals and the payment of backwages. A comparative study of the laws on termination of other countries is also included to provide a basis for some recommendations for reform. For purposes of simplicity, the employees referred to in the discussion are those employed in a regular employment as defined by the Labor Code.'* As used here, an employer includes any person acting in the interest of an employer, directly ot indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer! while employee includes any person in the employ of an employer." WI. THE STATE POLICY ON LABOR A, SOCIAL JUSTICE—THE HEART OF THE CONSTITUTION Under the policy of sosial justice, the las bends over backward to accommodate the interests of the working class on the bumane justifieation that those with less “privileges in bfe should have mare privileges in law. = Justice Regalado!” + As defined in Article 280 of the LAHOR CODE, an employment shall be deemed co be regulae where the employes has been engaged Co perform activities which are usually necessary or desssble in ‘ke usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion ar termination of which has been determined at he time of the Engagement of the employce or where the work or service to be performed is seasonal in narure and the ‘employment is for the duration of the season LanoR CODE, af.212 (2, % Lapor Cope, 2.212 (9. Philippine Ait Lines v. Santos, G-R, No. 7787S, 218 SCR 415, Feb, 4, 193.