LABOR NOTES (Meeting #1)

o Constitution
 paramount law of land
 Other laws : issuances by the dept/ of labor, presidential orders,
o Enacted by congress, enacted by LGUs: sangguniang bayan
pinirmahan ng mayor, law ordinance in barangay, kagawad
pwedeng gumawa ng ordinansa at pipirmahan ng kapitan becomes
an ordinance
 Atty. Mike: Can ordinance precede the constitution?
o No.
o Those enunciated in the constitution cannot be preceded.
o Unless the international law is accepted as part of law of land, that’s when it
becomes part of laws.
o International law is not higher than constitution, even if it is ratified by congress
and signed by President.

 Atty. Mike: Constitution is primordial law of the land.

 Labor law recognizes this. Anything written in LC must adhere consti,
otherwise unconstitutional/no force of law.

 Article 2 of the 1987 constitution: Declaration of Principles and Policies.

 Bernas: Article 2 is not a source of right, but a mere source of light.
 Atty. Mike: Why source of light?
o Because they are mere declarations.
o One cannot go to court based on Article 2.
 Article 2, kailangan ng batas na magpapagalaw sakanya.
o When in doubt, look for Article 2 to guide you in the right direction for
the interpretation of the constitution.

 Article 3: Bill of rights

 protection against great power of the state
 comes to being because constitution realizes the powers of the state.
 The rights of the private person is deemed a protection against the state.

 Atty Mike: Why is due process important?

 Atty Mike: Can anyone be deprived of their life?
o Yes. For so long as there is due process of law.
o Protection of the constitution: You can be deprived of your life only if there is due
process.
 Atty Mike: Who deprives you of your life from that provision?
o The State.
 Atty. Mike: How can the State deprive you of your life?
o Death penalty.
o Constitution did not eradicate death penalty. What eradicated it was HOR and
the Senate.
o If in case there is death penalty, you put forward the protection granted by Article
3 Section 1.

 Atty. Mike: How do we guarantee due process?

o Must be able to confront witness, given representation of counsel of his own
choice, etc. etc.
o Commission on Human rights is right when it calls on the State when it
tramples on rights of its citizens.

 Atty. Mike: How can State deprive liberty?

o Freedom.
 Atty. Mike: How are you deprived of your liberty?
o If you are incarcerated/imprisoned.

 Atty. Mike: Can the State imprison its citizens?

o Yes.
o But before magpakulong there must be due process of law.

 Atty. Mike: How can the state deprived Property?

o Non observance of power of eminent domain
 Requisites: just compensation, and must be for public use. Due
notice, must be a private property, there must be genuine necessity
to use property.

 Atty. Mike: What’s the relevance of due process clause to labor law?
o Accgd. To Supreme court, one’s employment is one’s property. You take
away employment, u take away source of livelihood, take away livelihood,
take away one’s source of sustenance.
o one’s job is one’s property alongside life and liberty.
o di state ang kalaban ng employee, but ang employer.

 Article 13, Section 3 of the 1987 Constitution.

 source of light not right.
 It is a good summary of book 1&2 of labor code.
 Also summarizes the contents of the labor code.
 Two verbs in paragraph 1: afford and promote.

 Discussion of Paragraph 1:

 Atty. Mike: Saan ang mas mataas? To promote or afford?

o Afford.
o Promote is not the same as provide or afford.
o To promote is to merely encourage. To afford, is something that one should give.
 Atty. Mike: Is full protection different from full employment?
o Yes.
o There is full protection to those already employed.
 Atty. Mike: Why can’t Art 13, sec. 3 state that it “affords full employment”? Why
does it only say “promote full employment”?
o There’s no assurance that it can afford full employment. The State and Law
cannot assure full employment.
o Full employment is always a function of a good economy.

 Atty. Mike: When we say labor who is it?

o Labor is the employees.

 Atty. Mike: Who is local?

o Those working in the Philippines.
 Atty. Mike: Who is overseas?
o OFWs.
 Atty. Mike: Who is organized?
o Unionized establishments.
 Atty. Mike: Who is unorganized?
o Non-unionized establishments.

 Discussion of Paragraph 2:
 states seven rights granted by constitution to the workers
 Atty. Mike: What is Right to self-organization?
o right to form unions
o employees/workers have the right to form associations, organizations, unions.
o so long as the goals of association are legal, the state cannot prohibit it.
o The guarantees in par. 2 is guarantees given by labor code.
  Atty. Mike: What is collective bargaining?
o bargaining and negotiation is the same.
 Atty. Mike: When and how does this happen?
o In the Collective Bargaining agreement when written there is negotiation
o CBA is a contract.
o Requires signing of the party.
o 3 stages of contract. First stage of collective bargaining: negotiation.
o First thing to see/notice: Salary Increase.
o When there has been an increase on the lower rank employees, the salary of
upper rank employees or supervisors also need do be increased to avoid wage
distortion.
o Right of the union: to demand as a matter of right the audited financial statement
of the company.
o Company is dutybound to provide the annual financial statement. This is
separate independent document prepared by external auditors, not the auditors
of the company.
 The most important document that you would need in the negotiation
table. The union also has it, so there is no room for flowery woods.
-
 Atty. Mike: What is peaceful concerted activities?
o These are activities that are held during free time that is not disruptive. SC rules
this as peaceful concerted activities.

 Atty. Mike: What is the right to strike in accordance with law? Why did the
LC include the phrase “in accordance with law”?
o You always have to say strike in accordance with law.
o a strike which is not made in accordance will make serious repercussions.
o It should be made and undergo through a process, if not: Those who participated
in strike that is not in accordance with law would be terminated.
o Highest penalty: termination.
o Reason for the strike must be one that is allowed since there are reasons that
are not strikable = strike is illegal.
o Strike w/o doing strike vote, need majority. If one wins, proceed to the next stage.
If one loses and conducts a strike vote again, it is illegal. Process is long before
strike is considered legal.