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[39] Id. at 109-110.
[40] CONST., art. XIII, sec. 3 provides:
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 on investments, and to expansion and growth.
[41] LABOR CODE, art. 294 provides:
ARTICLE 294. Security of Tenure. — In cases of regular employment, the employer
shall not terminate the services of an employee except for a just cause or when
authorized by this Title. An employee who is unjustly dismissed from work shall be
entitled to reinstatement without loss of seniority rights and other privileges and to his
full backwages, inclusive of allowances, and to his other benefits or their monetary
equivalent computed from the time his compensation was withheld from him up to the
time of his actual reinstatement.
[42] Sameer Overseas Placement Agency, Inc. v. Cabiles, 740 Phil. 403, 421 (2014)
[Per J. Leonen, En Banc].
[43] 359 Phil. 955 (1998) [Per J. Romero, Third Division].
[44] Id. at 968-969.
[45] Sicangco v. National Labor Relations Commission, 305 Phil. 102, 108 (1994) [Per J.
Cruz, First Division].
[46] 508 Phil. 478 (2005) [Per J. Panganiban, Third Division].
[47] Id. at 487 citing Marcos v. National Labor Relations Commission, 318 Phil. 172
(1995) [Per J. Regalado, Second Division].
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65230
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