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A.

Constitutional Provisions Relevant to Labor Law


a. Article II, sections 9,10,11,13, 14, 18, 20
i. S9 – “The state shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full employment,
a rising standard of living and improved quality life for all.”
ii. S10 – “The state shall promote social justice in all phases of national
development.”
iii. S11 – “The state values the dignity of every human person and guarantees full
respect for human rights.”
iv. S13 – “The state recognizes the vital role of the youth in nation building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well
being. It shall inculcate in the youth patriotism and nationalism, and encourage
their involvement in public and civic affairs.”
v. S14 – “The state recognizes the role of women in nation building, and shall
ensure the fundamental equality before the law of women and men.”
vi. S18 – “The state affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.”
vii. S20 – “The state recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.
b. Article III, sections 1, 4, 7, 8, 10, 16, 18 (2)
i. S1 – “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 laws.”
ii. S4 – “No law shall be passed abridging the freedom of speech, of expression, or
of the press, or the right of the people to peaceably assemble and petition the
government for redress of grievances.”
iii. S7 – “The right of the people to information on matters of public concern shall be
recognized. Access to official record, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data
used as basis for policy development, shall be afforded to the citizen, subject to
such limitations as may be provided by law.”
iv. S8 – “The 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 be abridged.
v. S10 – “No law impairing the obligation of contracts shall be passed.
vi. S16 – “All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
vii. S18 (2) – “No involuntary servitude in any form shall exist except as punishment
for a crime whereof the party shall have been duly convicted.
c. Article XIII, sections 1, 2, 3, 13, 14
i. S1 – “The congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural inequities by equitably
diffusing wealth and political power for the common good. To this end, the state
shall regulate the acquisition, ownership, use and disposition of property and its
increments.”
ii. S2 – “The promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance.”
iii. S3 – “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 to labor to its just share in the fruits of production and the
right of enterprises to reasonable returns to investments, and to expansion and
growth.”
iv. S13 – “The state shall establish a special agency for disabled persons for their
rehabilitation, self-development and self-reliance and their integration into the
mainstream of society.”
v. S14 – “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.”