1.

State in not less than 300 words but not more than 400, the State Policies and legal framework
that serve as basis for this decision.

STATE POLICIES

A. THE POLICY OF SOCIAL JUSTICE

- BPI vs. BPI EMPLOYEES UNION-DAVAO CHAPTER-FEDERATION OF UNIONS IN
BPI UNIBANK
o “It is unsurprisingly that significant provisions on labor protection of the 1987
Constitution are found in Article XIII on Social Justice. The constitutional
guarantees given the right to form unions and the State policy to promote
unionism have social justice considerations. In PICEWO vs. Peoples’ Industrial
Commercial Corporation, we recognize that labor, being the weaker in
economic power and resources than capital, deserve protection that is actually
substantial and material.”

B. STATE POLICY TO PROMOTE UNIONISM

- LIBERTY FLOUR MILLS EMPLOYEES vs. LIBERTY FLOUR INC.

o It is the policy of the State to promote unionism to enable the workers to
negotiate with management on the same level and with more
persuasiveness than if they were to individually and independently
bargain for the improvement of their respective conditions.

LEGAL FRAMEWORK

A. 1987 Constitution
a. Article II, Section 9
b. Article XIII, SECTION 3
c.
B. LABOR CODE
a. ARTICLE 218 (formerly 211)
b. ARTICLE 219 (formerly 212)
c. ARTICLE 255 (formerly 245)
d. ARTICLE 259 (formerly 248)
e. ARTICLE 219 (g) as renumbered
f. ARTICLE 280 (formerly 295)
g. ARTICLE 253 (formerly 244)

C. CONFIDENTIAL EMPLOYEE RULE

- SAN MIGUEL CORPORATION SUPERVISORS AND EXEMPT UNION AND
ERNESTO L. PONCE, President, vs. HONORABLE BIENVENIDO E.
LAGUESMA IN HIS CAPACITY AS UNDERSECRETARY OF LABOR AND
EMPLOYMENT, HONORABLE DANILO L. REYNANTE IN HIS CAPACITY AS
MED-ARBITER AND SAN MIGUEL CORPORATION,
o The exclusion from bargaining units of employees who, in the normal
course of their duties, become aware of management policies relating to
labor relations is a principal objective sought to be accomplished by the
''confidential employee rule."