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 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 Court’s 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), 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)