CHAP XXII

ARTICLE XIII

SOCIAL JUSTICE AND HUMAN RIGHTS

SEC 1-2

1. Constitutional provision on social justice

Page 361

2. Purpose of the Agrarian Reform Program

Means of diffusing wealth. Reduce landholdings and excess of the allowable retention limits,
the lands belonging to landlords are distributed to tenants at cost. Means of regulating the acquisition,
ownership, use and disposition of property and its increments as mandated by the constitution.

3. Social justice, defined

Neither communism nor despotism, nor atomism, nor anarchy, but the humanization of laws
and the equalization of social and economic forces by the state so that justice in its rational and
objectively secular conception may be at least approximated. It is the promotion of welfare of all
people.

4. Real concept of civil and political rights

A commission on Human Rights that would focus its attention to the more severe cases of
human rights violation I.e., protection of rights of political detainees, treatment of prisoners, and the
prevention of tortures, fair and public trials, cases of disappearances, salvaging and hamletting and
other crimes committed against the religious.

SEC 3

1. Constitutional provision concerning protection to labor

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. Entitled to
security of tenure, humane conditions of work, and a living wage. Participation in policy and
decision-making processes affecting their rights and benefits.

State shall promote the principle of shared responsibility. Enforce their mutual compliance
therewith foster industrial peace. Regulate the relationship between workers and employees.

2. Government employees do not have the right to go on strike

They can form unions but cannot go on strike.

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 They can however, petition the congress of the betterment of the terms and conditions of
employment, or negotiate with the appropriate government agencies for the improvement. If there
be unresolved grievances, the dispute may be referred to the Public sector Labor-Management
Council for appropriate action.

3. Shared responsibilities

Managment and labor have the duty to promote healthy employee-employer relationship and
protection of investments.

I. Collective bargaining, parties can negotiate for better terms of employment without prejudice to
the right of management to protect its interest.

II. Arbitration:

a. Voluntary - parties agree to submit their dispute to a third person for determination

b. Involuntary - compelled to submit their dispute to a court or government agency for

determination.

SEC 4.

1. Aims of Agrarian Reform

 Designed to distribute land to the landless in order to promote the general welfare.

 Designed to promote economic well-being of the people.

SEC 5.

1. People’s organization

Enable the people to pursue and protect, within democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means.

SEC 6-7

1. Rights of subsistence fishermen

i. Use of communal marines and fishing resources

ii. Provide support for appropriate technology, research, financial and production assistance

iii. Just share from their labor in the enjoyment of marine and fishing resources

SEC 8.

1. Land reform

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 Agrarian reform program founded on the right of farmers and regular farmworkers, who are
landless, to own directly or collectively the lands they till or in the case of farmworkers to receive just
share of the fruits thereof.

Encouragement of the just distribution of agricultural lands.

SEC 9 - 10

1. Eviction of urban poor

They can be evicted if the eviction is in accordance with law and in a just and humane manner.

Policy of the state to provide them resettlement areas prior to eviction. If relocated to other
places must first have adequate consultation if not then it is a violation of their liberty to abode.

2. Meaning of the constitutional provision That the eviction of squatters be done in accordance with
law

Person to be evicted be accorded due process or an opportunity to convert the allegation

that his occupation is unlawful. If so the occupant be sufficiently notified before actual eviction.

The be no loss of lives, physical injuries or unnecessary loss of or damage to properties.

SEC 11.

1. Policy on health

Mandated state shall adopt an integrated and comprehensive approach to health since health is
wealth;

i. National Health Insurance Act - Provides for national health insurance for all Filipinos

ii. Philippine institute of traditional and alternative health care - for acceleration in development of
traditional and alternative health care

iii. RA 7277 - special privileges to the disabled

iv. Magna Carta of public health workers - improve social and economic well-being of health care
workers, their living and working condition as well as their terms of employment.

SEC 12.

1. Means to ensure the directive of the constitution

DOH has programs that aim to promote equity in health by ensuring the availability and
accessibility of affordable, safe and effective, quality, essential drugs to all.

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SEC 14.

1. Protection of working women

State is required to provide safe and working conditions taking into account their maternal
duties. National commission on the role of women to ensure the full integration of women for
economic, social and cultural development and to ensure the equality of men and woman.

SEC 15 - 16

1. Role of people’s organization

People’s organization are parties in development. Cause oriented groups.

They become means of checking the ills of society and in government.

These are the products of the people’s power.

SEC 17

1. Reason for the creation of the commission

Has been invested with the powers and function of investigating human rights violations. It
has the power to recommend the prosecution of human rights violators.

Mandated to respect the rights to life, liberty, and security of every individual because such
rights are aspects of human rights.

SEC 18 - 19.

1. The commission on Human rights is not a court or a quasi-judicial body

It can only investigate and recommend for it to be considered as such it must be accompanied
with the authority of applying the law to those factual conclusion to the end that the controversy may
be decided or determine authoritatively.

2. Extent of the investigative power of the commission on Human rights

Include those that relate to an individual’s social, economic, cultural, political and civil
relations. It closely identified the term to the universally accepted traits and attributes of an individual,
along with what is generally considered to be his inherent and inalienable rights, encompassing all
aspects of life.

CHR is only empowered to investigate all forms of human rights violations involving civil and
political rights.

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Practice test

12. Eviction of urban poor

1. Constitutional provision on social justice 13. Meaning of the constitutional provision

That the eviction of squatters be done in
2. Purpose of the Agrarian Reform Program
accordance with law
3. Social justice, defined
14. Policy on health
4. Real concept of civil and political rights
15. Means to ensure the directive of the
5. Constitutional provision concerning constitution
protection to labor
16. Protection of working women
6. Government employees do not have the right
17. Role of people’s organization
to go on strike
18. Reason for the creation of the commission
7. Shared responsibilities
19. The commission on Human rights is not a
8. Aims of Agrarian Reform
court or a quasi-judicial body
9. People’s organization
20. Extent of the investigative power of the
10. Rights of subsistence fishermen commission on Human rights

11. Land reform