Estrella Ondoy vs Virgilio Ignacio

Art II Sec 10 of the Constitution of the Philippines : The State shall promote social justice in all phases of
national development.

Facts:

Jose Ondoy, son of Estrella Ondoy, drowned while working under Virgilio Ignacio. According to the chief
engineer and oiler, Jose Ondoy was aboard the ship as part of the workforce. He was invited by friends
to a drinking spree, left the vessel, and thereafter was found dead. Therefore, Estrella was asking for
compensation from the death of her son while in the respondents employ. However, the statement
given by the chief engineer and oiler was ignored by the hearing officer and therefore dismissed the
claim for lack of merit. Even when a motion for reconsideration was filed, this was also denied by the
Secretary of Labor for the same reason, that is, lack of merit.

Issue: Whether or not the claim for compensation must be granted to Estrella Ondoy; and is social
justice applicable in this case?

Ruling:

Yes. There was no due diligence in the fact finding of the Department of Labor. It merely disregarded the
statements made by the chief engineer and oiler.

Secondly, the principle of social justice is applicable in this case as a matter of protection, not equality.
Is it a compassionate justice or an implementation of the policy that those who have less in life should
have more in law. (Allied investigation Bureau v Ople)

"To be more specific, the principle of social justice is in this sphere strengthened and vitalized. A realistic
view is that expressed in Agustin v. Workmen's Compensation Commission: 'As between a laborer,
usually poor and unlettered, and the employer, who has resources to secure able legal advice, the law
has reason to demand from the latter stricter compliance. Social justice in these cases is not equality
but protection.'

Note:

Social Justice humanization of laws and the equalization of social and economic forces of the State so
that justice in its rational and objectively secular conception may at least be approximated.

-the promotion of the welfare of all the people and the adoption of Government measures to
ensure economic stability.

*all phases of national development expanded meaning of social justice. Equitable diffusion of wealth
and political power.