Seatwork No.

1. The provisions of the Labor Code is founded on the principles of social justice
o Ultimate goal of social legislation is social justice
o Social legislation is the tool to achieve social justice

2. What is Social Justice?

a. SOCIAL JUSTICE:
i. The equalization of all the forces in the society in order for the
weal/vulnerable not to be exploited/oppressed
ii. How? Enactment of laws – of social legislation
b. Q: Who equalizes the forces of the society?
A: State, as represented by the government
Q: What government power?
A: Police power (PASEI vs DRILON)
i. Interfering with the freedom/liberty of the people to promote the general
welfare
ii. Basis of police power: salus populi est suprema lex

3. What is Social Legislation?

o Social Legislation
 Defines rights for certain segments of the society (vulnerable, weak,
marginalized segments of the society) so that they will not be
exploited/oppressed.
 Strengthen them through the law
Q: Why should they be protected?
A: Protecting them is protecting everyone.
 The immediate goal is the good of everyone (Antamok case)

4. State the relationship, if any, between social justice and social legislation.
o Social legislation is the tool to achieve social justice

5. Social legislations are laws enacted for the purpose of favoring the marginalized sectors
of the society.
o False. Purpose: favoring them is the strategy so that they will not be exploited

6. Social legislations are laws that seek to achieve social justice which means the
subversion of the status quo.
o True. Reverse the status quo – making the workers strong

7. State and Identify the provisions of the 1987 Philippine Constitution relevant to
laborers/workers/employees

Article II, Declaration of Principles and State Policies

Section 9 – Promote full employment
 Section 18 – The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
Section 10. The State shall promote social justice in all phases of national
development.
Section 14 – Role of women in nation-building; equality before the law of women
and men
Section 18 – Labor as a primary social economic force.
Section 20 – Indispensable role of the private sector

Article III, Bill of Rights

Section 1 - 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 the laws
Section 4 – Right of the people peaceably to assemble and petition the government
for redress of grievances.
Section 8 – Right to form union, associations
Section 10 – Non-impairment of contracts
Section 16 – Right to a speedy disposition of their cases
Section 18(2) – Involuntary servitude

Article XIII, Social Justice

Section 2 – Promotion of social justice
Section 3 – Full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all
Section 13 – Equal
opportunities for all
Section 14 – Protection for women workers

8. The Civil Code of the Philippines is an example of a social legislation.

o False. The Civil Code is not for a certain sector. It is true to everyone.

9. Identify and State the provisions of the Civil Code relevant to labor laws.
 Article 1700. The relations between capital and labor are not merely contractual.
They are so impressed with public interest that labor contracts must yield to the
common good. Therefore, such contracts are subject to the special laws on labor
unions, collective bargaining, strikes and lockouts, closed shop, wages, working
conditions, hours of labor and similar subjects.
o Article 1701. Neither capital nor labor shall act oppressively against the other, or
impair the interest or convenience of the public.
o Article 1702. In case of doubt, all labor legislation and all labor contracts shall be
construed in favor of the safety and decent living for the laborer.
o Article 1703. No contract which practically amounts to involuntary servitude, under
any guise whatsoever, shall be valid.
o Article 1704. In collective bargaining, the labor union or members of the board or
committee signing the contract shall be liable for non-fulfillment thereof.
o Article 1705. The laborer's wages shall be paid in legal currency.
o Article 1706. Withholding of the wages, except for a debt due, shall not be made
by the employer.
o Article 1707. The laborer's wages shall be a lien on the goods manufactured or
the work done.
 o Article 1708. The laborer's wages shall not be subject to execution or attachment,
except for debts incurred for food, shelter, clothing and medical attendance.
o Article 1709. The employer shall neither seize nor retain any tool or other articles
belonging to the laborer.
o Article 1710. Dismissal of laborers shall be subject to the supervision of the
Government, under special laws.
o Article 1711. Owners of enterprises and other employers are obliged to pay
compensation for the death of or injuries to their laborers, workmen, mechanics or
other employees, even though the event may have been purely accidental or
entirely due to a fortuitous cause, if the death or personal injury arose out of and
in the course of the employment. The employer is also liable for compensation if
the employee contracts any illness or disease caused by such employment or as
the result of the nature of the employment. If the mishap was due to the
employee's own notorious negligence, or voluntary act, or drunkenness, the
employer shall not be liable for compensation. When the employee's lack of due
care contributed to his death or injury, the compensation shall be equitably
reduced.
o Article 1712. If the death or injury is due to the negligence of a fellow worker, the
latter and the employer shall be solidarily liable for compensation. If a fellow
worker's intentional or malicious act is the only cause of the death or injury, the
employer shall not be answerable, unless it should be shown that the latter did not
exercise due diligence in the selection or supervision of the plaintiff's fellow
worker.

10. Labor laws are called social legislations because labor laws seek to make workers
stronger than their employers.
o False. As strong as

11. The ultimate purpose of labor laws is to uplift the quality of life of the workingman
o True

12. With the advent of the Labor Code of the Philippines, the provisions in the Civil Code
and the Revised Penal Code pertaining to employment have become irrelevant.
o False.

13. Justify your answer under Question #12 above.

o Civil Code – not only suppletory; provisions of the Civil Code will be applicable
when no Labor Code provision can be applied
 Liability of the employer may also be enforced based on the civil code
provisions
o The Revised Penal Code – an independent and distinct recourse for specific
criminal offense

14. The provisions of the Labor Code apply to all employees.

o False.

15. Justify your answer under question #13 above.

o Employees under CSC are not covered