In Asia brewery case

When it comes to financial statement in determining the award of damages, the

management must submit audited financial statements. The SC ruled in favor of labor
applying the provision of Art 13, Sec 3
BAR EXAM (2012)

Which of the following is not the constitutional right of a worker

a.
b.
c.
d.

To engage in peaceful concerted activities

To enjoy security of tenure
The right to return of investment
To receive a living wage

BAR EXAM (1998)

What are the salient features of protection to labor provisions of constitution?
1. Equal protection of co-employment
2. Guarantee of worker's right (you may not invoke these rights individually, you may
invoke the guarantee given to these rights)
3. Share responsibility and voluntary settlement of labor disputes
4. Share in the fruits of production
Art 19 of Civil Code
In Dongon Case, the kargadors are terminated due to honesty. The SC yes it is but it is
a policy you should have ask why it did by the employee. The SC said you cannot just
terminate an employee. There must be a just cause, a due process is observed but if
there is abuse of right we will still notify, we will still award damages. Thats why art 19 is
a requirement to the continuation of worker's right.
Article 19
Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.
Art 1702. In case of doubt all labor legislation and all labor contract shall be construed in
favor of the safety and decent living for the laborer
Look at Art 4 of Labor code. What's the difference between the two?
Art 1702 is not only limited to labor code. It says on labor legislation. That's why if the
interpretation is not on the labor code you don't use Art 4, you follow Art 1702 of CC. Art
4 is applicable only if labor code is being questioned.
ART 1700. The relations between capital labor are not merely contractual. They are
imbued with public interest that the labor contract must yield to the common good.

CASE:
The arbitral award was higher than that agreed upon in the MOA. So according to the
parties, it can't be allowed because there is already an agreement. So how the arbitral
award be higher than that agreed upon. SC said though you agreed in the contract the
relations between the capital labor are not merely contractual. It can't add something to
the contract. That's the essence of Art 1700.
Who should sign the verification on certification against non-forum shopping of MOA?
An officer authorized by the company
Exception: employment specialist in labor cases. No need of board resolution
authorizing you to sign
What is the rule if the provision is clear, will you rule in favor of labor?
General rule: No, if the provision is clear no room for interprtation. In interpretation you
dont use presumption in favor of labor
PMCC Traffic case
If there is no room for interpretation you cannot use principles but provisions must be
interpreted in favor of labor
BAR EXAM
Why would you interpret an ambiguous provision in labor?

in pursuance of social justice

principle of contract of referendum

Simply puts, if there is ambiguity, you rule against the party which prepares the contract.
Most employment contract, it's the employer who prepares the contract
BAR EXAM
Is art 1702 of CC and Art 4 of Labor Code violates the equal protection clause?
No because there is a valid distinction between the labor and management. There is
reasonable classification between the two. Also in pursuance of social justice provided
in constitution.
BAR EXAM (1993)
In what manner does the labor law shows its solicitous compassionate policy towards
labor?

Interpretation in favor of labor

Termination must be for just and authorize causes

Constitutional provision

Reinstatement immediately executor

Labor relations

Provides above the minimum requirement

Requires higher standard because of negotiation, CBA, grievance machinery

Labor standards

Provides minimum standard

Classification of labor laws

Labor standard

Labor relations

Laws on social security

BAR EXAM
What is the basis of state to enact social and labor legislation?

Police power
Differentiate labor legislation from social legislation.

Labor legislation is both labor code and social legislation

Social legislation is in pursuance of social justice

Our labor code is it labor legislation only or social legislation only? It is both.
BAR EXAM
What is the purpose of Labor legislation?
To implement the constitutional policy in favor labor
Are LABOR Legislation and SOCIAL Legislation mutually exclusive? No they are
interrelated.