AUGUST 23 – 40:00
subordinating
TRANSCRIBED BY: MYRTLE VIVA
In this case, it must be borne
in mind that police power is superior to
non-impairment clause. In other words,
the constitutional guarantee of non-
impairment clause is limited by the
exercise of police power of the state in
the interest of public health, safety,
moral and welfare.
The case of Maritime Manning
Agency vs POEA, wherein it involves an
existing employment contract which is
binding and has force and effect
between the OFW and the company.
The POEA Governing Board issued a
Memorandum Circular No. 5 series of
1994 which entitles an “Adjustment in
Rates of Compensation and other
Benefits provided under the POEA
Standard Employment Contract of
Seafarers”. So nag ingon na pud ang
company na, oy dili na pwede kay may
contract, under the circular it provides
benefits to be received by the
beneficiaries in the case of death of the
seaman, so alleged nila na dili na pwede
kay naa lagi contract (lower amount than
the memorandum circular). In this case,
the memorandum circular was issued
after the employment contract was
signed. So the SC said, issuance of
memorandum circular is avalid exercise
of police power of the State. Thus, the
law cannot be struck down on the
ground that it impairs the contractual
relations between the parties. To hold
otherwise, it will alter the law and
– 61: 00 the police power of the
state. So powerful jud ang police power!
ARTICLE 3, SECTION 18 OF BILL
OF RIGHTS
xxxx
(2) No involuntary servitude in any
form shall exist except as a
punishment for a crime whereof the
party shall have been duly convicted.
Xxxx
Of course, you cannot force
the employee to work, if he does not
anymore. An employee can resign by at
least giving notice within 30 days. If the
employer can terminate the employee in
the same manner the employee can
resign provided there is compliance of
notice requirement. Why? It is also for
the protection of the employer, his
interest and for allowing him to look for
your replacement.
SITUATION: There is a
LETTER OF RESIGNATION, address to
Mr. Ricardo Dalisay, it should be given
effect within 20 days. Is it proper? No, it
should be 30 days. But if the employer
will accept the same, the required
number of days is deemed waived on
the part of the employer.
So under involuntary
servitude, you cannot compel an
employee to work. In the case of BPI VS
BPI UNION, wherein it involved merger
of two banks, FEBTC and BPI, the
employees of FEBTC, who were
absorbed by the BPI, were compelled to
work. The SC said that employees are
not assets and liabilities that can be
automatically transferred. The
compulsion of employees to work to BPI
is tantamount to involuntary servitude.
There is also what we called
RETURN TO WORK ORDER, if there is
a strike and it involves a company,
which is indispensable to national
interest, like school. The Secretary of
Labor can always assume jurisdiction.
Meaning, he can order you to return to
work. You cannot invoke involuntary
servitude because there is a law that
says that the Secretary of Labor can
require you to return to work. The
reason is the company/employer’s
activity are indispensable to national
security.
ARTICLE XIII: SOCIAL JUSTICE
AND HUMAN RIGHTS; LABOR
Section 3. 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 of 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.
MEMORIZE!!
Kaning shared responsibility,
this is used by the SC in settling
disputes in the dismissal of the
employee on the ground of violation of
company policy.
There is a case na ang
company policy was drafted without the
participation of the workers. Then, an
employee was dismissed based on that
policy. The SC said na illegal ang
dismissal, the company policy is null and
void on the ground that it violates the
concept of shared responsibility under
Article 13, Section 3 of the Constitution.
 In the old case dated
December 2, 1940, the SC said that the
aim if social justice is to protect and
enhance the right of the people to
human dignity, to reduce social,
economic, political inequalities and to
remove cultural inequalities.

IMPORTANT LABOR LAWS

WHICH PROVIDE FOR THE
PROTECTION TO LABOR AND
PROTECTION TO WOMEN:

1. Republic Act No. 9262 or the

Anti-Violence against Women
and Their Children Act of 2004.
2. Republic Act No. 9710 or “The
Magna Carta of Women.”
3. RA 11313 or “Safe Spaces Act”.