I.

INTRODUCTION

As we have discussed in the first chapter of this book, ethics and law

Are not synonymous-that what is legal is not always regarded as morally

Permissible. Nevertheless, an equilibrium between morality and legality

Would beiter serve the purpose of creating a harmonious and just society.

A law, which is also ethical at least from the perspective of the culture

Where it is being imposed would make compliance to legal requirements

Easier. Kespecting other people’s civil rights and liberties are both legally

And morally amiable, för while they are manifested through the letters

Of the law, most of them are based primarily upon ethical norms and

Considerations.

In Philippine legal system, the most basic civil rights and liberties

That we enjoy are found in the Constitution, specifically under Article Il,

Which is commonly known as the Bill of Rights. The provisions under

The 51ll of Kights aim to strike an equilibrium between the inherent and

Express powers of the government and the rights of the citizenry. They

Serve as sateguards for our fundamental liberty, against any governmental

Interference to its exercise. At the same time, the provisions therein serve

As basis for the enactment of laws and implementing rules and regulations,

Which then regulates the relationship between private citizens.

Il. CIVIL LIBERTIES IN THE WORKPLACE: RIGHTTO DUE PROCEss

OF LAW

The first provision under Article I! of the Philippine Constitution

Provides that “No person shall be deprived of life, liberty or property

Without due process of law, and that no person shall be denied of the equal

Protection of laws.” This clause is a “handy legal tool for the protection

Of the valued rights to life, liberty and property, and all other freedoms

And liberties that inhere or adhere to them. It provides both a safeguard to

Ensure fairness in the proceedings that may be taken towards deprivation

F any liberty or property interests, or the impairment of any other right

Or freedlom, as well as the guarantlee ol reasonableness in the enactment ot

Aws and other regulations which impact life, liberty and property

Included in the scope of the tem “property” under Article IIl is one’s

Profession or livelihood, In the workplace, therefore, one of the most

Fundamental civil rights being ernjoyed by both the employer and the

Employee is the right to DUE PROCESS-that he cannot be deprived of

His job and livelihood without due process of law. Briefly, Due Process

Clause in Article 1I, Section 1 of the Constitution embodies a system of

Rights based on moral principles so deeply imbedded in the traditions and

Feelings of our people as to be deemed fundamental to a civilized society as

Conceived by our entire history. Due process is that which comports with

The deepest notions of what is fair and right and just. It isa constitutional

Restraint on the legislative as well as on the executive and judicial powers

Of the government provided by the Bill of Rights. “

The guarantee of due process under the constihution 1s two-told:

Procedural and substantive. Procedural due process relates to the mode

Of procedure which govemment agencies must tollow in the entorcement

And application of laws. “It requires the determination of what process

1s due, when it is due, and the degree of what is due.” On the other

Hand, substantive due process guarantees that lite, liberty and property
Shall not be taken away from anyone absent the existence of a reasonable

Law allowing the same. “The tormer is essentially directed at officers who

Adjudicate while the latter is directed basically at those who enact the laws.

The first refers to the guarantees of fairness in the process of determining

Whether a right, liberty or irecdom is to be impaired or otherwise taken

Away while the latter goes to the very power of the authorities to come up

With rules and other structures under which man may live and enjoy the

Blessings of a civilized society, including the prce that he has to pay to

Stay

The guarantee of due process under the Constitution, however, can

Only be applied when there is governmental interterence. The bundle

Of freedoms and liberties guaranteed by the Bill of Rights is essentially

Directed against the State and its agencies and instrumentalities only.”

Therefore in the absence of governmentat interterence, the liberties

Guaranteed by the Constitution cannot be invoked. F’ut diterentiy, the Bill

Of Rights 1s not meant to be invoked against acts of private individuals.”

So that if the State, through the legislatures, passes a law prohibiting the

Practice of a particular protession or conduct of a specitic business, then

Those aftected or concerned may question the constitutionality or valicdity

Of the law for potential violation ot the right to due process- Since in this

Case, there is governmental interterence through the enactment of thee

Law. This Was the issue involved in the case of City of Manila vs. Laguio,

Jr, wherein an ordinance was passed by the City of Manila, prohibiting8

The estalblishment or operation of business ‘providing certain forms o

Amusement entertainment, Services and facilities where women are used

As tools in entertainment and which tend to adversely affect the social and

Moral weltare of community. This included motels which offered short-

Ttmme stay to clients. The Supreme Court struck down this ordinance tor

Violation of the right to substantive due process, to wit:

These lawful establishments may only be regulated. They

Cannot be prohibited from carrying on their business. Ihis

13 a sweeping exercise of police power, which amounts

To interference into personal and private rights which the

Court will not countenance. There is a clear invasion of

Personal and property rights, personal in the case ot those

Individuals desiring of owning, operating and patronizing

Motels and property in terms of investments made and the

Salaries to be paid to those who are employed therein. It

The City of Manila desired to put an end to prostitution,

Tornication, and other social ills, it can instead impose

Reasonable regulatons such as daily nspechons of then

Establishments for any violation of the conditions of their

Icenses oT permits, lt may exercise its authority to Suspend

Or revoke their licenses for these violations, and it may even

Mpose increased license.

But as regards the internal matters in the workplace or those which

Involves the relationship between the employer and the employees, the

Cil ngnts and iberties enshrined in the Constitution, as mentioned

Above, Will not apply. For issues which do not involve the government

We Teler to other statutes and laws specifically designed to address such

Issues which are, nevertheles55, still based upon the provisions of the

Constitution. Therefore, inside the workplace, where employment matters

Are atop the list of critical concerns, we resort to the Labor Code of the

Philippines and other labor legislations. Due process under the Labor

Code, which is still based primarily upon the notion of due process under

The Constitution, likewise has two aspects: substantive, ie, the valid and

Authorized causes of emplaoyment termination under he Labor Code; and

Procedural, 1.e, the manner ot dismissal. In other words, in the termination

Of employees, substantive due process mandates that an employee may

Be dismiSsed only if any just or authorized cause provided by law and

Jurisprudence exists. Procedural due process, on the other hand, entails

That before an employee is dismissed, he must first be given an opportunity

To explain his side and be heard.

Article 282 of the Labor Code provides the just causes for which an

Employer may terminate an employment. In dismissal for just cause, the

Employee is dismissed for causes which are attributable to his fault or

Culpability. They are as follows:

a. Serious misconduct or willful disobedience by the employee of the

Lawful orders of his employer or representative in connection with

His work;

b. Gross and habitual neglect by the employee of his duties;

C. Fraud or willful breach by the employee of the trust reposed in him

By his employer or duly authorized representative;

Commission of a crime or offense by the employee.against the

Person of his employer or any immediate member of his family or

His duly authorized representatives; and

e. Other causes analogous to the foregoing

Articles 283 and 284, on the other hand, provides for the authorized

Causes of terminating employment, which cover occasions that validly

Justifies the removal of an employee, but are nevertheless beyond his/her

Control. 1hey are as follows:

a. Installation of labor-saving devices/Automation

b. Redundancy

Retrenchment to prevent losses

c. Closure or cessation of operation of establishment or undertaking

E Disease

f. Other analogous cases

Other than the causes specified under the Labor Code, the employer

Or management can also cratt and provide for other grounds for dismissal

-which can be found in their employee’s manual or company policy. But,

As mentioned above, it is not enough that an employee’s dismissal is based

On a just or authorized cause; the employer must likewise comply with the

Mandated procedural steps in effecting such dismissal:

S 4 mafter of fact.

Procedural Due Process!

For termination of employment based on just causes, the

Following must be complied with:

a. A written rotice served on the employee specifying the ground

Or grounds of termination, and giving to said employee

Reasonable opportunity within which to explain his side.

b. A hearing or conference during which the employee concerned,

With the assistance of counsel if the employee so desires, is given

oPportunity to respond to the charge, present his evidence or

rebut the evidence presented against him; and

C.A writen notice of termination served on the employee

Indicating that upon due consideration of all the circumstances,

Grounds have been established to justify his termination.

Betore an employee can be dismissed based on any of the just

Causes provided by law, two notices must first be issued. The first

Notice is served on the employee in order to appraise him of the

Ground or grounds of his/her impending termination, giving sad

Employee reasonable opportunity to present his side. “Reasonable