F.C.K.

LABOR LEGISLATION SOCIAL LEGISLATION

Focuses on the rights of the worker in the
workplace.
Deals with employer and employee
Broad term and may include not only laws that give
social security protection, but also that help the
worker secure housing and basic necessities.
Deals with employer and employees and their
families.

IN RE: PURPOSE OF LABOR LAW

The very purpose for which our labor laws exist: to balance the conflicting interests of labor and
management, not to tilt the scale in favor of one over the other, but to guaranty that labor and
management stand on equal footing when bargaining in good faith with each other. (See Unicorn Safety
Glass, Inc. vs. Basarte, G.R. No. 154689, November 25, 2004; PLDT Co., Inc. vs. Paguio, G.R. No.
152689, October 12, 2005.)

Social Justice means the promotion of the welfare of all the people, the adoption by the government of
measures calculated to insure economic stability of all the competent elements of society, through the
maintenance of a proper economic and social equilibrium in the interrelations of the members of the
community, constitutionally, through the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying the existence of all governments on the time-
honored principle of salus populi est suprema lex. (Calalang v. Williams, G.R. No. 47800, December 2,
1940)

IN RE: COMPASSIONATE/DISCRETIONARY JUSTICE

According to the case of Gandara Mill Supply and Milagros Sy vs NLRC and Silvestre Germano (G.R.
No. 126703, December 29, 1998), compassionate justice calls for a moderation of the sanctions that may
be applied towards the working class. The doctrine of compassionate justice is applicable that in holding
the constitutional mandate of protection to labor, the rigid rules of procedure may sometimes be
dispensed with to give room for compassion.

Discretionary Justice, that where a decision may be made to rest an informed judgment rather than rigid
rules, all the equities of the case must be accorded their due weight. Finally, labor law determinations, to
quote from Bultmann, should be not only secundum rationem but also secundum caritatem.Almira vs.
B.F. Goodrich Phil., Inc., G.R. No. L-34974, July 25, 1974. Penned by Justice Fernando.

IN RE: WHEN SOCIAL JUSTICE CANNOT BE INVOKED

1.) Social justice does not champion division of property or equality of economic status.
(Guido v. Rural Progress Adm, L-2089, October 31, 1949) It should not tolerate usurpation of property,
public or private.
2.) May only protect the laborers who come to court with clean hands (Phil. Long Distance
Telephone Co. v. NLRC, G.R. No. 80609, August 23, 1988) and their motives blameless. (Gustilo
v. Wyeth Phils., G.R. No. 149629, October 4, 2004)
3.) 3. Never results in an injustice or oppression of the employer. (Phil. Geothermal Inc. v. NLRC,
G.R. No. 106370, September 8, 1994)
4.) 4. If it is used to shield wrongdoings, it cannot be permitted to be the refuge of scoundrels.
(PNCC v. NLRC, G.R. No. 83320, Feb. 9, 1989)

IN RE: PRECAUTIONARY IN APPLYING SOCIAL JUSTICE

While the Constitution is committed to the policy of social justice and the protection of the working class,
it should not be supposed that every labor dispute will be automatically decided in favor of labor.
(Mercury Drug Corporation vs. NLRC, G.R. No. 75662, September 15, 1989.Penned by Justice Fernan)
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The law in protecting the rights of the laborer, authorizes neither oppression nor self-destruction of the
employer. While the Constitution is committed to the policy of social justice and the protection of the
working class, it should not be supposed that every labor dispute will be automatically decided in favor of
labor. Management also has its own rights, which, as such, are entitled to respect and enforcement in the
interest of simple fair play. Out of its concern for those with fewer privileges in life, the Supreme Court
has inclined more often than not toward the worker and upheld his cause in his conflicts with the
employer. Such favoritism, however, has not blinded the Court to the rule that justice is in every case for
the deserving, to be dispensed in the light of the established facts and applicable law and doctrine.

IN RE: RELATION OF ART II, SEC 1 OF THE 1987 COMMISSION

One's employment, profession, trade or calling is a property right which is protected against any arbitrary
and unjust deprivation. (Callanta vs. Carnation Philippines, Inc., G.R. No. 70615, October 28, 1986.
Penned by Justice Fernan)

It is a PROPERTY RIGHT. That is why, 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. When a
person has no property, his job may possibly be his only possession or means of livelihood, hence, he
should be protected against any arbitrary and unjust deprivation of his job. Unemployment brings untold
hardships and sorrows on those dependent on the wage earners. The misery and pain attendant on the loss
of jobs thus could be avoided if there be acceptance of the view that under all the circumstances, laborers
should not be deprived of their means of livelihood. It is a principle in American jurisprudence which,
undoubtedly, is well-recognized in this jurisdiction that one's employment, profession, trade or calling is a
"property right," and the wrongful interference therewith is an actionable wrong. The right is considered
to be property within the protection of a constitutional guaranty of due process of law.

Every man has the right to work. While there is work, there is food on the table. (Agabon vs. NLRC,
G.R. No. 158693, November 17, 2004. Dissenting Penned by Justice Puno)

Workers need work more than anything else. For a wageworker, a job is important. While there is work,
there is food on the table. Take away work, replace it with a meager lump sum, and the food will
disappear. Through work, the breadwinner satisfies his basic needs and those of his family. He also
provides himself with a means to express himself, transform, develop and perfect his skills and talents.
Through work, he interacts and establishes relations with others. Work is a defining feature of human
existence. It is the means of sustaining life and meeting essential needs. It is also an activity through
which individuals affirm their own identity, both to themselves and to those around them. It is crucial to
individual choice, to the welfare of families and to the stability of societies. Every man has the right to
work, to a chance to develop his qualities and his personality in the exercise of his profession, to equitable
remuneration which will enable him and his family to lead a worthy life on material, social, cultural and
spiritual level. Shylock said it well: "You take my life when you do take the means whereby I live."

IN RE: DIFFERENT TYPES OF DUE PROCESS IN RELATION TO LABOR LAW

(Administrative, Constitutional, Statutory which divided into Substantive and Procedural and
Contractual)

A.) Administrative Due Process. (Ang Tibay vs. Court of Industrial Relations, G.R. No. 46496,
February 27, 1940. Penned by Justice Laurel)

The cardinal rights of parties in administrative proceedings shall be:

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1. The right to a hearing which includes the right to present one's case and submit evidence in support
thereof;
2. The tribunal must consider the evidence presented;
3. The decision must have something to support itself;
4. The evidence must be substantial which means such evidence as a reasonable mind might accept as
adequate to support a conclusion;
5. The decision must be based on the evidence presented at the hearing, or at least contained in the record
and disclosed to the parties affected;
6. The tribunal or body or any of its judges must act on its own independent consideration of the law and
facts of the controversy, and not simply accept the views of a subordinate; and
7. The board or body should, in all controversial questions, render its decision in such manner that the
parties to the proceeding can know the issues involved and the reasons for the decision rendered.

B.) Constitutional Due Process. 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.

C.) Statutory Due Process. (Agabon vs. NLRC, G.R. No. 158693, November 17, 2004. Penned by
Justice Ynares-Santiago)

Due process under the Labor Code, like Constitutional due process, has two aspects: substantive, i.e., the
valid and authorized causes of employment termination under the Labor Code; and procedural, i.e., the
manner of dismissal. Procedural due process requirements for dismissal are found in the Implementing
Rules of P.D. 442, as amended, otherwise known as the Labor Code of the Philippines in Book VI, Rule I,
Sec. 2, as amended by Department Order Nos. 9 and 10. Breaches of these due process requirements
violate the Labor Code. Therefore statutory due process should be differentiated from failure to comply
with constitutional due process.

D.) Contractual Due Process (Abbot Laboratories, Philippines v Alcaraz, G.R. No. 192571, July 23,
2013. Penned by Justice Perlas-Bernabe)

An employer's contractual breach of its own company procedure — albeit not statutory in source — has
the parallel effect of violating the laborer's rights. Suffice it to state, the contract is the law between the
parties and thus, breaches of the same impel recompense to vindicate a right that has been violated.

E.) Procedural Due Process in Statutory Due Process

Section 5 of DOLE DO No. 147-15

SECTION 5. Due Process of Termination of Employment. — In all cases of termination of employment,

the standards of due process laid down in Article 299 (b) of the Labor Code, as amended, and settled
jurisprudence on the matter, must be observed as follows:

5.1 Termination of Employment Based on Just Causes. As defined in Article 297 of the Labor Code, as
amended, the requirement of two written notices served on the employee shall observe the following:

(a) The first written notice should contain:

1. The specific causes or grounds for termination as provided for under Article 297 of the Labor
Code, as amended, and company policies, if any;
2. Detailed narration of the facts and circumstances that will serve as basis for the charge against
the employee. A general description of the charge will not suffice; and
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3. A directive that the employee is given opportunity to submit a written explanation within a
reasonable period.

"Reasonable period" should be construed as a period of at least five (5) calendar days from receipt of the
notice to give the employee an opportunity to study the accusation, consult or be represented by a lawyer
or union officer, gather data and evidence, and decide on the defenses against the complaint.

(b) After serving the first notice, the employer should afford the employee ample opportunity to be
heard and to defend himself/herself with the assistance of his/her representative if he/she so
desires, as provided in Article 299 (b) of the Labor Code, as amended.

"Ample opportunity to be heard" means any meaningful opportunity (verbal or written) given to the
employee to answer the charges against him/her and submit evidence in support of his/her defense,
whether in a hearing, conference or some other fair, just and reasonable way. A formal hearing or
conference becomes mandatory only when requested by the employee in writing or substantial
evidentiary disputes exist or a company rule or practice requires it, or when similar circumstances justify
it.

(c) After determining that termination of employment is justified, the employer shall serve the
employee a written notice of termination indicating that: (1) all circumstances involving the
charge against the employee have been considered; and (2) the grounds have been established to
justify the severance of their employment.

The foregoing notices shall be served personally to the employee or to the employee's last known address.

IN RE: WHAT KIND OF DUE PROCESS APPLIES

a.) Terminating an employee - An employee's right not to be dismissed without just or authorized
cause as provided by law, is covered by his right to substantial due process. Compliance with
procedure provided in the Labor Code, on the other hand, constitutes the procedural due process
right of an employee.
b.) Due process a Labor Arbiter or Commissioner shall apply in a labor dispute/case - Since NLRC is
an administrative quasi-judicial agency, administrative due process.