G.R. No. 167614
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http://sc.judiciary.gov.ph/jurisprudence/2009/march2009/167614.htm
self-executing in the sense that these are automatically acknowledged and observed without need for any
enabling legislation. However, to declare that the constitutional provisions are enough to guarantee the
full exercise of the rights embodied therein, and the realization of ideals therein expressed, would be
impractical, if not unrealistic. The espousal of such view presents the dangerous tendency of being
overbroad and exaggerated. The guarantees of "full protection to labor" and "security of tenure", when
examined in isolation, are facially unqualified, and the broadest interpretation possible suggests a blanket
shield in favor of labor against any form of removal regardless of circumstance. This interpretation
implies an unimpeachable right to continued employment-a utopian notion, doubtless-but still hardly
within the contemplation of the framers. Subsequent legislation is still needed to define the parameters of
these guaranteed rights to ensure the protection and promotion, not only the rights of the labor sector, but
of the employers' as well. Without specific and pertinent legislation, judicial bodies will be at a loss,
formulating their own conclusion to approximate at least the aims of the Constitution.
Ultimately, therefore, Section 3 of Article XIII cannot, on its own, be a source of a positive
enforceable right to stave off the dismissal of an employee for just cause owing to the failure to serve
proper notice or hearing. As manifested by several framers of the 1987 Constitution, the provisions on
[135]
social justice require legislative enactments for their enforceability.
(Emphasis added)
Thus, Section 3, Article XIII cannot be treated as a principal source of direct enforceable rights,
for the violation of which the questioned clause may be declared unconstitutional. It may unwittingly
risk opening the floodgates of litigation to every worker or union over every conceivable violation of
so broad a concept as social justice for labor.
It must be stressed that Section 3, Article XIII does not directly bestow on the working class
any actual enforceable right, but merely clothes it with the status of a sector for whom the
Constitution urges protection through executive or legislative action and judicial recognition. Its
utility is best limited to being an impetus not just for the executive and legislative departments, but
for the judiciary as well, to protect the welfare of the working class. And it was in fact consistent
with that constitutional agenda that the Court in Central Bank (now Bangko Sentral ng Pilipinas)
Employee Association, Inc. v. Bangko Sentral ng Pilipinas, penned by then Associate Justice now
Chief Justice Reynato S. Puno, formulated the judicial precept that when the challenge to a statute
is premised on the perpetuation of prejudice against persons favored by the Constitution with
special protection -- such as the working class or a section thereof -- the Court may recognize the
existence of a suspect classification and subject the same to strict judicial scrutiny.
The view that the concepts of suspect classification and strict judicial scrutiny formulated in
Central Bank Employee Association exaggerate the significance of Section 3, Article XIII is a
groundless apprehension. Central Bank applied Article XIII in conjunction with the equal protection
clause. Article XIII, by itself, without the application of the equal protection clause, has no life or force
of its own as elucidated in Agabon.
Along the same line of reasoning, the Court further holds that the subject clause violates
1/26/2016 3:06 PM
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