PART I

INTRODUCTION

1987 Constitution
Article II, Sec. 9, 10, 11, 13, 14, 18, 20

SECTION 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising standard
of living, and an improved quality of life for all.

SECTION 10. The State shall promote social justice in all phases of national development.

Social justice: equalization of economic, political, and social opportunities with

special emphasis on the duty of the state to tilt the balance of social forces by
favoring the disadvantaged in life.

SECTION 11. The State values the dignity of every human person and guarantees full
respect for human rights.

SECTION 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their involvement in
public and civic affairs.

SECTION 14. The State recognizes the role of women in nation-building, and shall ensure
the fundamental equality before the law of women and men.

SECTION 18. The State affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.

SECTION 20. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.

Article III, Sec. 1, 4, 8, 10, 16, 18 (2)

SECTION 1. No person shall be deprived of life, liberty, or property without due process
of law, nor shall any person be denied the equal protection of the laws.

Bernas Book:
 Bill of rights  protection against abuse of government power
 3 inherent powers of the state
o Police power  public necessity and right of the state and of the public to self-
protection
 o Power of eminent domain
o Power to tax
 Hierarchy of rights  Constitution gives to property the same degree and quality of
protection that it gives to life and liberty (primacy of human rights over property rights is
recognized)
Notes:
 Due process
o Procedural (notice, hearing, lawful subject and method)
o substantive
 Due process clause was introduced even before the 1935 Constitution
 1935 Constitution introduced social justice provisions
 “contemporary contemptuous standard”
 There are instances when constructive notice is allowed (Banco Espanol)
Academic investigations  right to cross-examine not included

 Requirements in Administrative Proceedings (Ang Tibay):

 Right to a hearing
 Tribunal must consider the evidence presented
 The decision must have something to support itself
 The evidence must be substantial
 Decision must be based on the evidence presented at the hearing
 Tribunal/body/any of its judges must act on its own independent consideration
of the law and facts of the controversy
 Board or body render its decisions in such a manner that the parties to the
proceeding can know the various issues involved and the reason for the
decision to be rendered
 Due process clause must be understood to guarantee not just forms of procedure but also
the very substance of life, liberty, and property. Both procedural and substantive
guarantee.
 State may interfere when public interests demands it. (US v. Toribio)
 Lawful subject; lawful methods
 Aesthetics
 A regulation designed to meet a temporary need must of necessity also be temporary in
duration is undeniable.
 Once an alien is admitted, he cannot be deprived of life without due process of the law.
 Publication important. (Tanada v. Tuvera)
 Rule on vagueness: A law that is utterly vague is defective because it fails to give notice
of what it commands. Requires a reasonable degree of certainty for the statute to be
upheld.
 Void for vagueness doctrine and “overbreadth” doctrine only applies to cases involving
speech
  Void for vagueness  a statue which either forbids or requires the doing of an act in
terms so vague that men of common intelligence must necessarily guess at its
meaning and differ in its application
 Overbreadth  governmental purpose sweep unnecessarily broadly and thereby
invade the area of protect freedoms
 Facial challenge
 Equal protection clause  specific constitutional guarantee of the Equality of the Person.
 Inherent in the right to legislate is the right to classify
 Problem in equal protection cases is one of determining the validity of the classification
made by law
 Reasonable Classification (cited People v. Cayat)
1. Must rest on substantial distinctions
2. Must be germane to the purpose of the law
3. Must not be limited to existing conditions only
4. Must apply equally to all members of the same class
 Three Kinds of Tests for Reasonable Classification
1. Strict Scrutiny Test  requires government to show that the challenged
classification serves a compelling state interest and the classification is necessary
to serve that interest (i.e. race, national origin, religion, alienage, denial of the right
to vote, interstate migration, access to courts)
2. Intermediate Scrutiny Test  important state interest and that the classification is
at least substantially related to serving that interest (i.e gender, illegitimacy)
3. Minimum or Rational Basis Test  shows that classification is rationally related to
serving a legitimate state interest (traditional rationality test; applies to all)
 Power to tax, uniformity of tax
 Alienage as basis of classification  strict scrutiny
 General Rule: Constitution places civil rights of aliens on equal footing with aliens. Political
rights do not enjoy the same protection.
 Equal protection clause does not require territorial uniformity of laws
 Equality is not an ideal which can be achieved by doctrinal fiat alone.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or

of the press, or the right of the people peaceably to assemble and petition the government
for redress of grievances.

Bernas Book:
 Freedom of expression is essential a search for the truth
 FOE promotes individual self-realization and self-determination
 Prohibitions of the constitutional prohibition:
o Prior Restraint  official governmental restrictions on the press or other forms of
expression in advance of actual publication or dissemination
 o Subsequent Punishment  government punishment without restraint after publication
 Prior restraint principle was not an unbending rule but admitted exceptions: nation at war;
national security
 SC pronounced that “freedom of broadcast media is lesser in scope than the press
because of their pervasive presence in the lives of people and because of their
accessibility to children (Gonzales v. Kalaw Katigbak)
 Against freedom of expression, however, must be balanced the right to privacy which is
recognized by law as the “right to be left alone.”
 Limited intrusion into a person’s privacy has long been regarded as permissible when:
 Public figure
 Publication constitutes matter of public character
 FOE also means that there are limits to the power of government to impose rules or
regulations curtailing the freedom of speech and of the press
 Different tests to check the validity of laws which impinge FOE
o Dangerous tendency rule  creates a dangerous tendency which the State has the
right to prevent. There should be a rational connection between the speech and evil
apprehended. Whether a statute is reasonable
o Clear and present danger test  Whether the words used are used in such
circumstances and are of such nature as to create a clear and present danger
that will bring about substantive evils that the Congress has the right to prevent.
The evil consequences must be substantive, extremely serious, and the degree
of imminence be extremely high
o Balancing of interests test  weigh the circumstances and to appraise the
substantiality of the reasons advanced in support of the regulation of the free
enjoyment of rights. used as a standard when courts need. Used to balance conflicting
social values and individual interests (Chavez v. Gonzales)
*These tests also apply to other preferred freedoms: freedom of association, right to
assembly and petition, freedom of religion.
 Seditious speech  not necessary that there should be disturbance or breach of peace.
It is sufficient that it incites uprising or produces a feeling incompatible with the
permanency of the government (See case doctrines on libel)
 Contempt of court by publication (See case doctrines on speech and judicial process)
 Only publication made during the pendency of a case is punishable as contempt
 Use of “dangerous tendency” rule
 Danger guarded is either extraneous influence on the court’s decision making or
disrespect and disobedience that can breed popular distrust in courts and court
decisions.
 Purifying the electoral process (See case doctrines on speech and electoral process)
 Commercial speech  communication whose sole purpose is to propose a commercial
transaction
 Commercial speech has not been accorded the same level of protection as that given to
what is called “core” speech such as political speech
 Requirements for Protection of commercial speech:
  Speech must not be false or misleading or proposing an illegal activity
 Substantial governmental interest
 Regulation must directly advance the government interest
 Regulation must not be overbroad
 Unprotected Speech (See case doctrines on these topics)
o Libel  an imputation that is public and malicious
o Obscenity  something offensive to chastity, decency or delicacy
o Indecency  an act against good behavior and a just delicacy
 Since the right of assembly and petition is equally fundamental as freedom of expression,
the standards for allowable impairment of speech and press are also for those for
assembly and petition
Notes:
 Freedom of speech is NOT absolute
 All speech are NOT treated the same
 Prior restraint  administrative and judicial orders forbidding certain communications
when issued in advance of the time that such communications are to occur
 Content-neutral regulation  merely concerned with the incidents of the speech, or one
that merely controls the time, place, or manner, under well-defined standards; only a
substantial government interest is required for its validity
 Content-based restraint  restriction based on subject matter of the utterance or speech;
given strict scrutiny; only when the challenged act has overcome the clear and present
danger rule will it pass constitutional muster, with the government having the burden of
overcoming the presumed unconstitutionality; unless government can overthrow this
presumption, the content-based restraint will be struck down
 Clear and Present Danger Test (CBR only)
1. Speech that advocates dangerous ideas
2. Speech that provokes a hostile audience reaction
3. Out of court contempt
4. Release of info that endangers fair trial
 Four aspects of freedom of the press
o Freedom from prior restraint
o Freedom from subsequent punishment
o Freedom of access to information
o Freedom of circulation

 Procedural Map for Clear and Present Danger Test

1. Test
2. Presumption
3. Burden of proof
4. Party to discharge the burden
5. Quantum of evidence necessary
 Balancing of Interests Requisites
 1. Social value and importance of the specific aspect of the particular freedom
restricted by legislation
2. Specific trust of the restriction
3. Value/importance of the public interest sought
4. Specific restriction is reasonably appropriate and necessary for the protection of
public interest
5. Possibility of less restrictive means

SECTION 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall not
be abridged.

Bernas Book:
 Right is recognized as belonging to the people whether employed or unemployed, and
whether employed in the government or in the private sector.
 Right to form associations includes the right to unionize.
 Right to organize is broader than the right to strike
 Right to form associations does not necessarily include the right to be given legal
personality
 Labor unionism; communist organization
Notes:
 Right to strike can be given. It is not constitutionally provided though.
 If legislature gives the right to strike, there s no constitutional infirmity.
 If you look at art. XIII sec. 3, yes there is a right to strike subject to provisions of law
 Providing limitations on the right to association is not unconstitutional

Case Doctrines:
 If managerial employees would belong or be affiliated with a Union, the latter might not be
assured of their loyalty to the Union in view of evident conflict of interests. The union can
also become company dominated with the presence of managerial employees in Union
membership. (UPCSU v. Laguesma)
 The right to unionize or to form organizations is now explicitly recognized and granted to
employees in both the governmental and the private sectors. (Tupas v. NHC)
 Government employees may, through their unions or associations, either petition the
Congress for the betterment of the terms and conditions of employment which are within
the ambit of legislation or negotiate with the appropriate government agencies for the
government ofthose which are not fixed by law. Should there be unresolved grievances,
the dispute may be referred to the Public Sector Labor-Management Council. It must be
always remembered that employees in the civil service may not resort to strikes, walkouts,
and other temporary work stoppages, like workers in the private sector, to pressure the
Government to accede to their demands. (SSS Employees Association v. CA)
  The right to strike may be limited by law. Public school teachers do not have a
constitutional right to strike. But, the current ban on them against strikes is statutory and
may be lifted by statutes. (Manila Public School Teachers v. Laguio Jr.)
 Automatic membership clauses do not violate the freedom of association. (Padcom v.
Ortigas Center)

SECTION 10. No law impairing the obligation of contracts shall be passed.

Bernas Book:
 A mere change in procedural remedies which does not diminish substantive rights or
increase substantive obligations does not violate the guarantee.
 Non-impairment clause is a limit on the exercise of legislative power and not judicial or
quasi-judicial power
 Cases that emphasized the superiority of police power over the sanctity of contracts
 Labor contracts must yield to the demands of common goods
 Contracts also yield to the requirements of freedom of worship
Case Doctrines:
 The non-impairment clause is not absolute; there are certain exceptions such as when
there is an economic crisis, and when public safety requires it. (Home Building Loan
Association v. Blaisdell)
 The true test of the constitutionality of a moratorium therefore lies in the determination of
the period of suspension of the remedy. It is required that such suspension be definite and
reasonable, otherwise it would be violative of the constitution. (Rutter v. Esteban)
 Legislation impairing the obligation of contracts can be sustained when it is enacted for
the promotion of the general good of the people, and when the means adopted are
legitimate. (Abella v. NLRC)
 Contractual stipulations on the sue of land can be impaired if necessary to reconcile with
the legitimate exercise of police power. (Presley v. Bel-Air Village Association, Inc.)
 The State, in the exercise of its police power in this regard, may not be precluded by the
constitutional restriction on non-impairment of contracts for altering, modifying, and
amending mining leases or agreements granted. (Miner's Association v. Factoran)
 The non-impairment clause is not absolute. It has to be reconciled with the legitimate
exercise of police power, which is the power to prescribe regulations in order to promote
the health, morals, peace, education, good order, and general welfare of the people.
(Ortigas v. Feati Bank)
 As long as the contract affects the public welfare one way or another so as to require the
interference of the State, then must the police power be asserted, and prevail, over the
impairment clause. In allowing the ejectment of the lessee who has subleased the leased
premises without the written consent of the lessor, the law has taken note of one of the
unconscionable practices of lessees that have caused much prejudice to the lessor.
(Juarez v. CA)
SECTION 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.

Bernas Book:
 Justice delayed can mean justice denied
 Provision guarantees the right generally to “to a speedy disposition of their cases”
 Covers periods before, during, and after trial
 Applies to civil, criminal, and administrative cases
 Concept of speedy disposition of cases is a relative term. It is consistent with reasonable
delay
 Remedy for violation of this right is dismissal obtained through mandamus
Case Doctrines:
The constitutional right to a "speedy disposition of cases" is not limited to the
accused in criminal proceedings but extends to all parties in all cases, including civil
and administrative cases, and in all proceedings, including judicial and quasi-judicial
hearings. Hence, under the Constitution, any party to a case may demand
expeditious action on all officials who are tasked with the administration of justice.
However, the right to a speedy disposition of a case, like the right to speedy trial, is
deemed violated only when the proceedings is attended by vexatious, capricious,
and oppressive delays; or when unjustified postponements of the trial are asked for
and secured, or even without cause or justifiable motive a long period of time is
allowed to elapse without the party having his case tried. Equally applicable is the
balancing test used to determine whether a defendant has been denied his right to
a speedy trial, or a speedy disposition of a case for that matter, in which the conduct
of both the prosecution and the defendant is weighed, and such factors as the length
of the delay, the reasons for such delay, the assertion or failure to assert such right
by the accused, and the prejudice caused by the delay. The concept of speedy
disposition is a relative term and must necessarily be a flexible concept. (Lopez Jr.
v. Ombudsman; Binay v. Sandiganbayan)

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.
Article XIII, Sec. 1, 2, 3, 13, 14

SECTION 1. The Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social, economic,
and political inequalities, and remove cultural inequities by equitably diffusing wealth and
political power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of
property and its increments.

SECTION 2. The promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance.

What is Social Justice?

It is the embodiment of the principle that those who have less in life
should have more in law
It commands a legal bias in favor of the underprivileged
Seeks not only economic social justice but also political social justice
Goal: “Reduce” and not remove inequalities
Application
When the law is clear and valid, it simply must be applied; but when the
law can be interpreted in more ways than one, an interpretation that favors
the underprivileged must be favored
Civil and Political Rights v. Social Rights
Civil and Political Rights
• Found in the Bill of Rights
• Self-executory
Social Rights
• Latecomers in the development of law
• In legal effectiveness, they are primarily in the nature of claims
or demands which people expect government to satisfy; they are
ideals which government is expected to respect
• The satisfaction of these demands must for the most part depend
on legislation
How do you achieve social justice? There are 2 tracks:
1. There must be regulation of the acquisition, ownership, use, and
disposition of property and its increments
2. Creation of more economic opportunities and more wealth
(diffusion of wealth)

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.

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 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.

Rights to Organize and Right to Strike

• The right to organize is given to all kinds of workers both in the private and in the
public sector
• BUT a law may be passed prohibiting selected sectors of labor from resorting to
strike

Right to participate in the decision-making process of employers

• But only 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
4. Conciliation proceedings mediated by government

SECTION 13. The State shall establish a special agency for disabled persons for
rehabilitation, self-development and self-reliance, and their integration into the mainstream
of society.

Women

SECTION 14. The State shall protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full potential
in the service of the nation.
Labor Code
Article 3, 4, 172, 218, 290 (as amended by R.A. 10395)

ART. 3. Declaration of Basic Policy - The State shall afford protection to labor, promote
full employment, ensure equal work opportunities regardless of sex, race or creed, and
regulate the relations between workers and employers. The State shall assure the rights of
workers to self-organization, collective bargaining, security of tenure, and just and humane
conditions of work.

ART. 4. Construction in Favor of Labor - All doubts in the implementation and

interpretation of the provisions of this Code, including its implementing rules and
regulations, shall be resolved in favor of labor.

ART. 172. Policy - The State shall promote and develop a tax-exempt employees'
compensation program whereby employees and their dependents, in the even of work-
connected disability or death, may promptly secure adequate income benefit and medical
related benefits.

ART. 218. Declaration of Policy - A. It is the policy of the State:

(a) To promote and emphasize the primacy of free collective bargaining and
negotiations, including voluntary arbitration, mediation and conciliation, as modes
of settling labor or industrial disputes;
(b) To promote free trade unionism as an instrument for the enhancement of democracy
and the promotion of social justice and development;
(c) To foster the free and voluntary organization of a strong and united labor
movement;
(d) To promote the enlightenment of workers concerning their rights and obligations
as union members and as employees;
(e) To provide an adequate administrative machinery for the expeditious settlement of
labor or industrial disputes;
(f) To ensure a stable but dynamic and just industrial peace; and
(g) To ensure the participation of workers in decision and policy-making processes
affecting their rights, duties and welfare.
B. To encourage a truly democratic method of regulating the relations between the
employers and employees by means of agreements freely entered into through collective
bargaining, no court or administrative agency or official shall have the power to set or fix
wages, rates of pay, hours of work or other terms and conditions of employment, except as
otherwise provided under this Code.

ART. 290. [275] Tripartism, Tripartite Conferences, and Tripartite Industrial Peace
Councils. - (a) Tripartism in labor relations is hereby declared a State policy. Towards this
end, workers and employers shall, as far as practicable, be represented in decision and
policy-making bodies of the government.

(b) The Secretary of Labor and Employment or his duly authorized representatives may
from time to time call a national, regional, or industrial tripartite conference of
representatives of government, workers and employers, and other interest groups as the
case may be, for the consideration and adoption of voluntary codes of principles designed
to promote industrial peace based on social justice or to align labor movement relations
with established priorities in economic and social development. In calling such conference,
the Secretary of Labor and Employment may consult with accredited representatives of
workers and employers.

(c) A National Tripartite Industrial Peace Council (NTIPC) shall be established, headed by
the Secretary of Labor and Employment, with twenty (20) representatives each from the
labor and employers' sectors to be designated by the President at regular intervals. For this
purpose, a sectoral nomination, selection, and recall process shall be established by the
DOLE in consultation with the sectors observing the 'most representative' organization
criteria of ILO Convention No. 144.
Tripartite Industrial Peace Councils (TIPCs) at the regional or industry level shall also be
established with representatives from government, workers and employers to serve as a
continuing forum for tripartite advisement and consultation in aid of streamlining the role
of government, empowering workers' and employers' organizations, enhancing their
respective rights, attaining industrial peace, and improving productivity.

The TIPCs shall have the following functions:

(1) Monitor the full implementation and compliance of concerned sectors with the
provisions of all tripartite instruments, including international conventions and
declarations, codes of conduct, and social accords;
(2) Participate in national, regional or industry specific tripartite conferences which
the President or the Secretary of Labor and Employment may call from time to
time;
(3) Review existing labor, economic and social policies and evaluate local and
international developments affecting them;
(4) Formulate, for submission to the President or to Congress, tripartite views,
recommendations and proposals on labor, economic, and social concerns, including
the presentation of tripartite positions on relevant bills pending in Congress;
(5) Advise the Secretary of Labor and Employment in the formulation or
implementation of policies and legislation affecting labor and employment;
(6) Serve as a communication channel and a mechanism for undertaking joint
programs among government, workers, employers and their organizations toward
enhancing labor-management relations; and
(7) Adopt its own program of activities and rules, consistent with development
objectives.
All TIPCs shall be an integral part of the organizational structure of the NTIPC.
The operations of all TIPCs shall be funded from the regular budget of the DOLE.
Civil Code
Article 19, 1700, 1702

Article 19. Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good faith.

Article 1700. The relations between capital and labor are not merely contractual. They are
so impressed with public interest that labor contracts must yield to the common good.
Therefore, such contracts are subject to the special laws on labor unions, collective
bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor
and similar subjects.

Article 1702. In case of doubt, all labor legislation and all labor contracts shall be construed
in favor of the safety and decent living for the laborer.