First Recitation:

1. What is Social Justice?

Accdg to Dr. Jose P. Laurel in Calalang vs. Williams, 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 so that justice in its rational and objectively
secular conception may at least be approximated.
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 component elements of
society through the maintenance of 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, in the time-honored principle of salus
populi est suprema lex
Social justice is both a juridical principle and a societal goal. As a Juridical principle, it
prescribes equality of the people, rich or poor, before the law. As a goal, it means the
attainment of decent quality of life if the masses through humane productive efforts.

2. Give the Constitutional provisions which are the sources of the fundamental principles on labor.
Discuss and explain each provision

Article II, Sec. 9 of the 1987 Philippine Constitution
Article II, Sec. 10 of the 1987 Philippine Constitution
Article II, Sec. 18 of the 1987 Philippine Constitution
The right of the people, including those employed in the public and privates sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be
abridged. Article III, Bill of Rights, Sec. 8
The right of self-organization shall not be denied to government employees. No officer
or employee of the civil service shall be removed or suspended except for cause
provided by law. Temporary employees of the Government shall be given such
protection as may be provided by law. Article IX-B, The Civil Service Commision, Sec.
2[3], [5], and [6].
Regular farmworkers shall have the right to own directly or collectively the lands they
till. Other farmworkers shall receive a just share of the fruits of the land they till. The
state recognizes the right of farmworkers, along with either group, to take part in the
planning, organization and management of the agrarian reform program. Landless
farmworkers may be resettled by the Government in its own agricultural estates. Article
XIII, Secs. 4, 5, and 6, Social Justice and Human Rights.
The state shall, by law, and for the common good, undertake, in cooperation with the
private sector a continuing program of urban land reform and housing which will make
available at affordable cost decent housing and basic services to underprivileged and
homeless citizens in urban centers and resettlement areas. It shall also promote
adequate employment opportunities to such citizens. Article XIII, Sec. 9
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. Article XIII, Sec. 14
Along with other sectors, labor is entitles to seats allotted to party-list representatives
for three consecutive terms after the ratification of the Constitution. Article VI, the
Legislative Department
The goals of the national economy are a more equitable distribution of opportunities
income, and wealth; a sustained increase in the amount of goods and services produced
by the nation for the benefit of the people; and an expanding productivity by the nation
for the benefit of the people; and an expanding productivity as the key to raising the
quality of life for all, especially the underprivileged. The state shall promote
industrialization and full employment based on sound agricultural development and
agrarian reform, through industries that make full and efficient use of human and
natural resources. Article XII, National Economy and Patrimony, Sec. 1
Congress shall create an agency to promote the viability and growth of cooperatives as
instruments for social justice and economic development. Article XIII, Sec. 15
At the earliest possible time, the Government shall increase the salary scales of the
other officials and employees of the National Government. Article XVIII, Transitional
Provisions, Sec. 18
Career civil service employees separated from the service not for cause but as a result of
the reorganization shall be entitled to appropriate separation pay and to retirement and
other benefits under existing laws. In lieu thereof, they may also be considered for
reemployment in the Government. Those whose resignations have been accepted in
line with the existing policy shall also have this right. Article XVIII, Transitional
Provisions, Sec. 18

3. Give all the statutory provisions which are the sources of the fundamental principles on labor.
Discuss and explain each provision
Act no. 1874 or the employers liability act
Act no. 2549 which prohibited payment of wages in non-cash form
Act no. 2071 prohibiting slavery or involuntary servitude
Ra no. 1054 requiring emergency medical treatment for employees
CA no. 444 or the Eight hour labor law
Commonwealth Act no. 103 created the Court of Industiral Relations
PD no. 21 National Labor Relations Commission was to investigate, decide and settle all
disputes between employers and employees
Industrial Peace Act RA 875 was the law governing labor management relations. Hailed
as the Magna Carta of labor which was modelled after the US labor-management
relations act of 1947 also known as the Taft-Hartley act which amended the NLRC of the
United States
Blue Sunday Law RA 946 used to forbid commercial, industrial or agricultural enterprise
to open on any Sunday, Christmas Day, New Years Day, Holy Thursday and Good Friday.
The rationale was noted thus Sundays and legal holidays are set aside by law as days
of rest. The life, experience, and happiness of a person do not depend only on the
satisfaction of his physical needs. There are moral, intellectual, and spiritual needs as
imperative as the physical ones.
Termination Paw Law RA 1052 as amended by RA 1787 which enumerated the just
causes for terminating an employment without a definite period and allowed
employers to separate an employee by simply serving a 15-day notice per year of
service or, instead of notice, by paying an equivalent separation pay. Security of tenure,
now protected by the Constitution and the Labor Code, was non-existent.

4. Give and briefly explain the test to determine the existence of an employer-employee
relationship.

Right of Control Test where the person for whom the services are performed reserves a
right to control not only the end to be achieved but also the means to be used in
reaching such end. Requisites: Four-fold test: 1. The selection and engagement of the
employee 2. The payment of wages; 3. The power of dismissal; and 4. The employers
power to control the employee with respect to the means and methods by which the
word is to be eccomplished.

5. How was the control test determined in the factual circumstances in the cases of LVN Pictures,
Inc. vs. Philippine Musicians Guild (January 28, 1961), Sterling International, Inc. vs. Sol
(February 28, 1963), and Dy Keh Beng vs. International Labor (May 25, 1979)?






6. Distinguish Agricultural Tenancy (Galope vs. Bugarin, February 1, 2012), Agency (Sps. Viloria vs.
Continental Airlines, January 26, 2012), and Industrial Partnership (Mendiola vs. CA, July 31,
2006) from Employer Employee relationship.







7. What are the three employer-employee relationships created by law and briefly explain why this
relationship is statutory.
Direct employer
Indirect employer
When the law itself imposes the ee-er relationship





8. Define Overseas Filipino Worker. Give at least five areas in RA 8042 (Migrant Workers and
Overseas Filipino Act of 1995) that were amended by RA 10022 and briefly explain each.

(a) "Migrant worker" refers to a person who is to be engaged, is engaged or has been engaged in
a renumerated activity in a state of which he or she is not a legal resident to be used
interchangeably with overseas Filipino worker.
(b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities prevalent in
society between women and men and a commitment to address issues with concern for the
respective interests of the sexes.

(c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino nationals
abroad who are in distress as mentioned in Sections 24 and 26 of this Act.

"(a) "Overseas Filipino worker" refers to a person who is to be engaged, is engaged or has been
engaged in a remunerated activity in a state of which he or she is not a citizen or on board a
vessel navigating the foreign seas other than a government ship used for miliatry or non-
commercial purposes or on an installation located offshore or on the high seas; to be used
interchangeably with migrant worker."

Section 1. Paragraphs (a), (e), (g) and (h) of Section 2 of Republic Act. No. 8042, as amended, otherwise
known as the "Migrant Workers and Overseas Filipinos Act of 1995," is hereby amended to read as
follows:
"(a) In the pursuit of an independent foreign policy and while considering national sovereignty,
territorial integrity, national interest and the right to self-determination paramount in its relations with
other states, the State shall, at all times, uphold the dignity of its citizens whether in country or
overseas, in general, and Filipino migrant workers, in particular, continuously monitor international
conventions, adopt/be signatory to and ratify those that guarantee protection to our migrant workers,
and endeavor to enter into bilateral agreements with countries hosting overseas Filipino workers."
"(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty. In this regard, it is imperative that an effective mechanism be
instituted to ensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino
migrant workers, in particular, whether regular/documented or irregular/undocumented, are
adequately protected and safeguarded."
"(g) The State recognizes that the most effective tool for empowerment is the possession of skills by
migrant workers. The government shall provide them free and accessible skills development and
enhancement programs. Pursuant to this and as soon as practicable, the government shall deploy
and/or allow the deployment only of skilled Filipino workers."
"(h) The State recognizes non-governmental organizations, trade unions, workers associations,
stakeholders and their similar entities duly recognized as legitimate, are partners of the State in the
protection of Filipino migrant workers and in the promotion of their welfare. The State shall cooperate
with them in a spirit of trust and mutual respect. The significant contribution of recruitment and
manning agencies shall from part this partnership."








9. Why are we exporting people? Is this a policy that the government promotes? May a Filipino
worker apply directly with a prospective foreign employer? P.55-57








10. For an alien to be able to work in the Philippines, what permit is required? What are the
conditions for the grant of such permit? P. 114