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AND CULTURAL RIGHTS (Second Generation Rights)


Article 55
With a view to the creation of conditions of stability and well-being which are
necessary for peaceful and friendly relations among nations based on respect for
the principle of equal rights and self-determination of peoples, the United Nations
shall promote:
a. higher standards of living, full employment, and conditions of economic and
social progress and development;
b. solutions of international economic, social, health, and related problems; and
international cultural and educational
cooperation; and
c. universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction as to race, sex, language, or religion.

International Covenant on Economic, Social and Cultural Rights

Article 2
1. Each State Party to the present Covenant undertakes to take steps, individually
and through international assistance and co-operation, especially economic and
technical, to the maximum of its available resources, with a view to achieving
progressively the full realization of the rights recognized in the present Covenant by
all appropriate means, including particularly the adoption of legislative measures.
2. The States Parties to the present Covenant undertake to guarantee that the
rights enunciated in the present Covenant will be exercised without discrimination
of any kind as to race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
3. Developing countries, with due regard to human rights and their national
economy, may determine to what extent they would guarantee the economic rights
recognized in the present Covenant to non-nationals.

Right to Self-Determination
Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural
2. All peoples may, for their own ends, freely dispose of their natural wealth and
resources without prejudice to any obligations arising out of international economic
co-operation, based upon the principle of mutual benefit, and international law. In
no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility
for the administration of Non-Self-Governing and Trust Territories, shall promote the
realization of the right of self-determination, and shall respect that right, in
conformity with the provisions of the Charter of the United Nations

Labor rights
Right to Work Under Decent Working Conditions
International Covenant on Economic, Social and Cultural Rights
Article 6
1. The States Parties to the present Covenant recognize the right to work, which
includes the right of everyone to the opportunity to gain his living by work which he
freely chooses or accepts, and will take appropriate steps to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to achieve the full
realization of this right shall include technical and vocational guidance and training
programmes, policies and techniques to achieve steady economic, social and
cultural development and full and productive employment under conditions
safeguarding fundamental political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of just and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without
distinction of any kind, in particular women being guaranteed conditions of
work not inferior to those enjoyed by men, with equal pay for equal work;
(ii) A decent living for themselves and their families in accordance with the
provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to an
appropriate higher level, subject to no considerations other than those of seniority
and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays
with pay, as well as remuneration for public holidays
1987 Constitution
Art II.
SECTION 18. The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
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.

JMM Promotions and Management vs CA

Following the brutal death of Japanese entertainer Mariciris Sioson, then Pres.
Aquino announced a total ban on the deployment of artists to Japan and other
countries. Thereafter, the govt through the Secretary of Labor issued Department
Order No. 28, creating the Entertainment Industry Advisory Council (EIAC), which
was tasked with issuing guidelines on the training, testing certification and
deployment of performing artists abroad.
Pursuant to the EIAC's recommendations,[1] the Secretary of Labor, on January 6,
1994, issued Department Order No. 3 establishing various procedures and
requirements for screening performing artists under a new system of training,
testing, certification and deployment of the former. Performing artists successfully
hurdling the test, training and certification requirement were to be issued an Artist's
Record Book (ARB), a necessary prerequisite to processing of any contract of
employment by the POEA. Upon request of the industry, implementation of the
process, originally scheduled for April 1, 1994, was moved to October 1, 1994.

Pursuant to EIACs recommendations, DOs were issued pertaining to additional

requirements, skills testing, minimum salary and special tests in order that artists
would qualify to sent abroad as entertainers.
In view of this, the Federation of Entertainment Talent Managers of the Philippines
(FETMOP), on January 27, 1995 filed a class suit assailing these department orders,
principally contending that said orders:
1) violated the constitutional right to travel;
2) abridged existing contracts for employment; and
3) deprived individual artists of their licenses without due process of law
4) issuance of the Artist Record Book (ARB) was discriminatory and illegal and "in
gross violation of the constitutional right... to life liberty and property
5) WON the ARB is a valid exercise of police power
Salus populi est suprema lex: Wlefare of the people is the supreme law.
On Police Power
The police power concerns government enactments which precisely interfere with
personal liberty or property in order to promote the general welfare or the common
good. Pursuant to the alarming number of reports that a significant number of

Filipina performing artists ended up as prostitutes abroad (many of whom were

beaten, drugged and forced into prostitution), and following the deaths of a number
of these women, the government began instituting measures aimed at deploying
only those individuals who met set standards which would qualify them as
legitimate performing artists.In spite of these measures, however, a number of our
countrymen have nonetheless fallen victim to unscrupulous recruiters, ending up as
virtual slaves controlled by foreign crime syndicates and forced into jobs other than
those indicated in their employment contracts. Worse, some of our women have
been forced into prostitution.
Clearly, the welfare of Filipino performing artists, particularly the women was
paramount in the issuance of Department Order No. 3. Short of a total and absolute
ban against the deployment of performing artists to "high risk" destinations, a
measure which would only drive recruitment further underground, the new scheme
at the very least rationalizes the method of screening performing artists by
requiring reasonable educational and artistic skills from them and limits deployment
to only those individuals adequately prepared for the unpredictable demands of
employment as artists abroad. It cannot be gainsaid that this scheme at least
lessens the room for exploitation by unscrupulous individuals and agencies.
Moreover, here or abroad, selection of performing artists is usually
accomplished by auditions, where those deemed unfit are usually weeded out
through a process which is inherently subjective and vulnerable to bias and
differences in taste. The ARB requirement goes one step further, however,
attempting to minimize the subjectivity of the process by defining the minimum
skills required from entertainers and performing artists. As the Solicitor General
observed, this should be easily met by experienced artists possessing merely basic
skills. The tests are aimed at segregating real artists or performers from those
passing themselves off as such, eager to accept any available job and therefore
exposing themselves to possible exploitation.

On Labor Rights
Protection to labor does not indicate promotion of employment alone. Under the
welfare and social justice provisions of the Constitution, the promotion of full
employment, while desirable, cannot take a backseat to the government's
constitutional duty to provide mechanisms for the protection of our workforce, local
or overseas. What concerns the Constitution more paramountly is that such an
employment be above all, decent, just, and humane. It is bad enough that the
country has to send its sons and daughters to strange lands because it cannot
satisfy their employment needs at home. Under these circumstances, the

Government is duty-bound to insure that our toiling expatriates have adequate

protection, personally and economically, while away from home.
A profession, trade or calling is a property right within the meaning of our
constitutional guarantees. One cannot be deprived of the right to work and the right
to make a living because these rights are property rights, the arbitrary and
unwarranted deprivation of which normally constitutes an actionable wrong. [12]
Nevertheless, no right is absolute, and the proper regulation of a profession,
calling, business or trade has always been upheld as a legitimate subject of a valid
exercise of the police power by the state particularly when their conduct affects
either the execution of legitimate governmental functions, the preservation of the
State, the public health and welfare and public morals. According to the maxim, sic
utere tuo ut alienum non laedas, it must of course be within the legitimate range of
legislative action to define the mode and manner in which every one may so use his
own property so as not to pose injury to himself or others.
On Impairment of Contracts
The non-impairment clause of the Constitution... must yield to the loftier purposes
targeted by the government."[15] Equally important, into every contract is read
provisions of existing law, and always, a reservation of the police power for so long
as the agreement deals with a subject impressed with the public welfare.
The equal protection clause is directed principally against undue favor and
individual or class privilege. It is not intended to prohibit legislation which is limited
to the object to which it is directed or by the territory in which it is to operate. It
does not require absolute equality, but merely that all persons be treated alike
under like conditions both as to privileges conferred and liabilities imposed.
(1) The classification rests on substantial distinctions;
(2) It is germane to the purposes of the law;
(3) It is not limited to existing conditions only (present and future) ; and
(4) It applies equally to all members of the same class.

Right to Organize/ Strike

International Covenant on Economic, Social and Cultural Rights

Article 8
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of his choice,
subject only to the rules of the organization concerned, for the promotion and
protection of his economic and social interests. No restrictions may be placed on the
exercise of this right other than those prescribed by law and which are necessary in
a democratic society in the interests of national security or public order or for the
protection of the rights and freedoms of others;
(b) The right of trade unions to establish national federations or confederations and
the right of the latter to form or join international trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations other than
those prescribed by law and which are necessary in a democratic society in the
interests of national security or public order or for the protection of the rights and
freedoms of others;
(d) The right to strike, provided that it is exercised in conformity with the laws of the
particular country.
2. This article shall not prevent the imposition of lawful restrictions on the exercise
of these rights by members of the armed forces or of the police or of the
administration of the State.
3. Nothing in this article shall authorize States Parties to the International Labour
Organisation Convention of 1948 concerning Freedom of Association and Protection
of the Right to Organize to take legislative measures which would prejudice, or
apply the law in such a manner as would prejudice, the guarantees provided for in
that Convention.
Article 9
The States Parties to the present Covenant recognize the right of everyone to social
security, including social insurance.
1987 Constitution Art XIII, Sec 3 (2)
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.

Bisig ng Manggagawa vs NLRC

Strike has been considered the most effective weapon of labor in protecting the
rights of employees to improve the terms and conditions of their employment. ". . .
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." 12 This constitutional imprimatur given to the right to strike
constitutes signal victory for labor. In the wise words of Father Joaquin G. Bernas,
S.J., a distinguished commissioner of the 1987 Constitutional Commission " . . . the
constitutional recognition of the right to strike does serve as a reminder that
injunctions, should be reduced to the barest minimum".
Verily, the factual circumstances proven by the evidence show that there was no
concurrence of the five (5) prerequisites mandated by Art. 218 (e) of the Labor
Code. Thus there is no justification for the issuance of the questioned Order of
preliminary injunction.
The petitioner was denied the right to attend the hearing held on April 13, 1992
while the private respondent enjoyed a field day presenting its evidence ex parte.
On the basis of uncontested evidence, the public respondent, on the same day April
13, 1992, temporarily enjoined the petitioner from committing certain alleged illegal
acts. Again, a copy of the Order was sent to the wrong address of the petitioner.
Knowledge of the Order came to the petitioner only when its striking members read
it after it was posted at the struck areas of the private respondent.
It behooves hearing officers receiving evidence in support of ex parte injunctions
against employees in strike to take a more active stance in seeing to it that their
right to social justice is in no way violated despite their absence. This equalizing
stance was not taken in the case at bar by the public respondents.

Social Security System Employees Association vs CA

Whether or not the Regional Trial Court can enjoin the Social Security System
Employees Association (SSSEA) from striking and order the striking employees to
return to work. Collaterally, it is whether or not employees of the Social Security
System (SSS) have the right to strike.

The 1987 Constitution, in the Article on Social Justice and Human Rights, provides
that the State "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"
"[t]he right to self-organization shall not be denied to government employees" [Art.
IX(B), Sec. 2(l) and (50)]. Parenthetically, the Bill of Rights also provides that "[tlhe
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
abridged" [Art. III, Sec. 8]. Thus, while there is no question that the Constitution
recognizes the right of government employees to organize, it is silent as to whether
such recognition also includes the right to strike.
On June 1, 1987, to implement the constitutional guarantee of the right of
government employees to organize, the President issued E.O. No. 180 which
provides guidelines for the exercise of the right to organize of government
employees. In Section 14 thereof, it is provided that "[t]he Civil Service law and
rules governing concerted activities and strikes in the government service shall be
observed, subject to any legislation that may be enacted by Congress." The
President was apparently referring to Memorandum Circular No. 6, s. 1987 of the
Civil Service Commission under date April 21, 1987 which, "prior to the enactment
by Congress of applicable laws concerning strike by government employees ...
enjoins under pain of administrative sanctions, all government officers and
employees from staging strikes, demonstrations, mass leaves, walk-outs and other
forms of mass action which will result in temporary stoppage or disruption of public
service." The air was thus cleared of the confusion. At present, in the absence of
any legislation allowing government employees to strike, recognizing their right to
do so, or regulating the exercise of the right, they are prohibited from striking, by
express provision of Memorandum Circular No. 6 and as implied in E.O. No. 180. [At
this juncture, it must be stated that the validity of Memorandum Circular No. 6 is not
at issue].
But are employees of the SSS covered by the prohibition against strikes?
"[t]he civil service embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned or controlled
corporations with original charters" [Art. IX(B), Sec. .2(l) see also Sec. 1 of E.O. No.
180 where the employees in the civil service are denominated as "government
employees"] and that the SSS is one such government-controlled corporation with
an original charter, having been created under R.A. No. 1161, its employees are part
of the civil service [NASECO v. NLRC, G.R. Nos. 69870 & 70295, November 24,1988]
and are covered by the Civil Service Commission's memorandum prohibiting strikes.
This being the case, the strike staged by the employees of the SSS was illegal.

Alliance of Government Workers v. Minister of Labor and Employment [G.R. No.

60403, August 3, 1:983, 124 SCRA 11: Since the terms and conditions of
government employment are fixed by law, government workers cannot use the
same weapons employed by workers in the private sector to secure concessions
from their employers. In government employment, however, it is the legislature
and, where properly given delegated power, the administrative heads of
government which fix the terms and conditions of employment. And this is effected
through statutes or administrative circulars, rules, and regulations, not through
collective bargaining agreements. Government, in contrast to the private employer,
protects the interest of all people in the public service, and that accordingly, such
conflicting interests as are present in private labor relations could not exist in the
relations between government and those whom they employ.
Government employees may, therefore, 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 improvement of those which are not fixed by law. If
there be any unresolved grievances, the dispute may be referred to the Public
Sector Labor - Management Council for appropriate action. But employees in the
civil service may not resort to strikes, walk-outs and other temporary work
stoppages, like workers in the private sector, to pressure the Govemment to accede
to their demands. As now provided under Sec. 4, Rule III of the Rules and
Regulations to Govern the Exercise of the Right of Government- Employees to SelfOrganization, which took effect after the instant dispute arose, "[t]he terms and
conditions of employment in the government, including any political subdivision or
instrumentality thereof and government- owned and controlled corporations with
original charters are governed by law and employees therein shall not strike for the
purpose of securing changes thereof."
Regional Trial Court was not precluded, in the exercise of its general jurisdiction
under B.P. Blg. 129, as amended, from assuming jurisdiction over the SSS's
complaint for damages and issuing the injunctive writ prayed for therein. Unlike the
NLRC, the Public Sector Labor - Management Council has not been granted by law
authority to issue writs of injunction in labor disputes within its jurisdiction. Thus,
since it is the Council, and not the NLRC, that has jurisdiction over the instant labor
dispute, resort to the general courts of law for the issuance of a writ of injunction to
enjoin the strike is appropriate.


Bernardo Vs NLRC
The Magna Carta for Disabled Persons mandates that qualified disabled persons be
granted the same terms and conditions of employment as qualified able-bodied
employees. Once they have attained the status of regular workers, they should be
accorded all the benefits granted by law, notwithstanding written or verbal
contracts to the contrary. This treatment is rooted not merely on charity or
accommodation, but on justice for all.
respondent Far East Bank and Trust Company maintained that complainants who are
a special class of workers the hearing impaired employees were hired temporarily
under [a] special employment arrangement which was a result of overtures made
by some civic and political personalities to the respondent Bank; that
complainant[s] were hired due to pakiusap which must be considered in the light of
the context of the respondent Banks corporate philosophy as well as its career and
working environment which is to maintain and strengthen a corps of professionals
trained and qualified officers and regular employees who are baccalaureate degree
holders from excellent schools which is an unbending policy in the hiring of regular
employees; that in addition to this, training continues so that the regular employee
grows in the corporate ladder; that the idea of hiring handicapped workers was
acceptable to them only on a special arrangement basis; that it adopted the special
program to help tide over a group of handicapped workers such as deaf-mutes like
the complainants who could do manual work for the respondent Bank; that the task
of counting and sorting of bills which was being performed by tellers could be
assigned to deaf-mutes; that the counting and sorting of money are tellering works
which were always logically and naturally part and parcel of the tellers normal
functions; that from the beginning there have been no separate items in the
respondent Bank plantilla for sorters or counters; that the tellers themselves
already did the sorting and counting chore as a regular feature and integral part of
their duties (p. 97, Records); that through the pakiusap of Arturo Borjal, the tellers
were relieved of this task of counting and sorting bills in favor of deaf-mutes without
creating new positions as there is no position either in the respondent or in any
other bank in the Philippines which deals with purely counting and sorting of bills in
banking operations.
NLRC: petitioners could not be deemed regular employees under Article 280 of the
Labor Code. Complainants were hired as an accommodation to [the]
recommendation of civic oriented personalities whose employment[s] were covered
by xxx Employment Contract[s] with special provisions on duration of contract as
specified under Art. 80. Hence, as correctly held by the Labor Arbiter a quo, the
terms of the contract shall be the law between the parties

Issue: WON petitioners are regular employees

The noble objectives of Magna Carta for Disabled Persons are not based merely on
charity or accommodation, but on justice and the equal treatment
of qualified persons, disabled or not. In the present case, the handicap of petitioners
(deaf-mutes) is not a hindrance to their work. The eloquent proof of this statement
is the repeated renewal of their employment contracts. he Court believes, that, after
showing their fitness for the work assigned to them, they should be treated and
granted the same rights like any other regular employees.
Respondent bank entered into the aforesaid contract with a total of 56 handicapped
workers and renewed the contracts of 37 of them. In fact, two of them worked from
1988 to 1993. Verily, the renewal of the contracts of the handicapped workers and
the hiring of others lead to the conclusion that their tasks were beneficial and
necessary to the bank. More important, these facts show that they werequalified to
perform the responsibilities of their positions. In other words, their disability did not
render them unqualified or unfit for the tasks assigned to them.
The primary standard, therefore, of determining regular employment is the
reasonable connection between the particular activity performed by the employee
in relation to the usual trade or business of the employer. The test is whether the
former is usually necessary or desirable in the usual business or trade of the
employer. The connection can be determined by considering the nature of the work
performed and its relation to the scheme of the particular business or trade in its
entirety. Also if the employee has been performing the job for at least one year,
even if the performance is not continuous and merely intermittent, the law deems
repeated and continuing need for its performance as sufficient evidence of the
necessity if not indispensability of that activity to the business. Hence, the
employment is considered regular, but only with respect to such activity, and while
such activity exists

to Social Security

International Covenant on Economic, Social and Cultural Rights

Article 9
The States Parties to the present Covenant recognize the right of everyone to social
security, including social insurance.


Protection and Assistance to Family

International Covenant on Economic, Social and Cultural Rights
Article 10
The States Parties to the present Covenant recognize that:
1. The widest possible protection and assistance should be accorded to the family,
which is the natural and fundamental group unit of society, particularly for its
establishment and while it is responsible for the care and education of dependent
children. Marriage must be entered into with the free consent of the intending
2. Special protection should be accorded to mothers during a reasonable period
before and after childbirth. During such period working mothers should be accorded
paid leave or leave with adequate social security benefits.
3. Special measures of protection and assistance should be taken on behalf of all
children and young persons without any discrimination for reasons of parentage or
other conditions. Children and young persons should be protected from economic
and social exploitation. Their employment in work harmful to their morals or health
or dangerous to life or likely to hamper their normal development should be
punishable by law. States should also set age limits below which the paid
employment of child labour should be prohibited and punishable by law.
1987 Constitution
Art II, Sec 12
SECTION 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of the
Art XV, Secs. 1 and 2
SECTION 1. The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total
SECTION 2. Marriage, as an inviolable social institution, is the foundation of the
family and shall be protected by the State.


Right to Physical and Mental Health

International Covenant on Economic, Social and Cultural Rights
Article 12
1. The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.
1987 Constitution
Art XIII, Secs. 11 and 12
SECTION 11. The State shall adopt an integrated and comprehensive approach to
health development which shall endeavor to make essential goods, health and other
social services available to all the people at affordable cost. There shall be priority
for the needs of the underprivileged sick, elderly, disabled, women, and children.
The State shall endeavor to provide free medical care to paupers.
SECTION 12. The State shall establish and maintain an effective food and drug
regulatory system and undertake appropriate health manpower development and
research, responsive to the countrys health needs and problem

Right to Education
International Covenant on Economic, Social and Cultural Rights
Article 13
1. The States Parties to the present Covenant recognize the right of everyone to
education. They agree that education shall be directed to the full development of
the human personality and the sense of its dignity, and shall strengthen the respect
for human rights and fundamental freedoms. They further agree that education
shall enable all persons to participate effectively in a free society, promote
understanding, tolerance and friendship among all nations and all racial, ethnic or
religious groups, and further the activities of the United Nations for the
maintenance of peace.
1987 Constitution


Art XIV, Secs 1 and 2

SECTION 1. The State shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make such education
accessible to all.
SECTION 2. The State shall:
(1) Establish, maintain, and support a complete, adequate, and integrated system
of education relevant to the needs of the people and society;
(2) Establish and maintain a system of free public education in the elementary and
high school levels. Without limiting the natural right of parents to rear their children,
elementary education is compulsory for all children of school age;
(3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in
both public and private schools, especially to the underprivileged;
(4) Encourage non-formal, informal, and indigenous learning systems, as well as
self-learning, independent, and out-of-school study programs particularly those that
respond to community needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in
civics, vocational efficiency, and other skills.