Main Topic: Chapter 2: Human Relations
Sub-topic: Court Protection to Disadvantaged Party in Contracts
Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weaknesses, tender age or other handicap, the courts must be vigilant for his protection.
Discussion/Explanation:
1. Reason for the Courts' Protection of the Underdog
The law takes great interest in the welfare of the weak and the handicapped. Thus, we have "parens patriae"
Literally, "parens patriae" means "father or parent of his country". In the U.S. (as in the Philippines), the phrase refers to the sovereign power of the state in safeguarding the rights of the person under diaability, such as the insane and the incompetent. Thus, were the law always to be applied strictly, there would be danger that injustice might arise.The State as parens patriae is under the obligation to minimize the risk to those who because of their minority, are as yet unable to take care of themselves fully.
Under Presidential Decree No. 603, the Child and Youth Welfare Code, effective beginning six months from December 10, 1974, we have the following:
Art. 63. Financial Aid And Social Services to Needy Families.- Special financial or material aid and social services shall be givrn to any needy family. to help it maintainthe chld or children in the home and prevent there placement elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare, taking into consideration, among other things, the self-employment of any of the family members and shall be paid from any funds available for the purpose.
Art. 64. Assistancr to Widowed or Abadoned Parent and Her Minor Dependents.- The State shall give assistance to widowed or abandoned parent or whether either spouse is on prolonged absence due to illness, imprisonment, tec. and who is unable to suopport his/her children. Financial and other essential social services shall be given by the National Government or other duly licensed agencies with similar functions to help such parent acquire the necessary knowledge or skill needed for the proper care and maintenance of the family.
Art. 65. Criterion for Aid.- The criteria to determine eligibility for the aid memntioned in the enxt two preceding articoles shall be (1) the age of the child or children, (2) the financial condition of the family, (3) the degree of deprivation of parental care and support, and (4) the inability to exercise parental authority.
Arrt. 66. Assistance to Unmarried Mothers and Their Children. - Any unmarried mother may before after birth of her child, seek the assistance and advice of the DSWD or any duly licensed child placement agency. The said agencies shall offer specialized professional services which could include confidential help and protection to scuh mother and child, including the placement of the child fro adoption whenever warranted, and enforcement of such mother's rights, if any, against the father of such child.
2. Meaning of "Vigilant for His Protection"
The phrase in general means that in case of doubt, the doubt must be resolved in favor of the inderdog. Thus in labor contracts, doubts are resolved in favor of the decent living and safety of the worker. According to the Commission, Art. 24, protects among others teh laboring class, many menbers of which face obvious diadvantages. Thus, the Workmen's Compensation Act being a social legislation designated to give relief to labor in case of injury, its provisions should be given a liberal interpretation in order to fully carry into ite effect its beneficient provisions. Doubts as to right of the laborers to compensation should be resolved in his favor. If undue influence intervenes in a will, thw will is void: if in a contract, the contract is voidable. While generally stipulations ina contract, come about after a deliberate drafting by the parties thereto, still there are certain contracts, almost al the provisions of which have been drafted only by ONE party, usually a corporation. Such contracts are called contracts of adhesion because the only participation of the other party is the signing of his signature or "adhesion" thereto. Insurance contracts, bills of lading, contracts for the sale of lots on installment plan fall into this category. It is obvious that to protect the rights of the other party, courts must construe obscurities and ambiguities in the contract strictly AGAINST the corporation or the company.
Under Art. 1332 of the Civil Code, "when one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the persomn enforcing the contract must show that the terms thereof have been fully explained to the former."
3. Inadmissibilty of Confessions Obtained Thru Coercion
A confession obtained thru coercion, whether physical, mental or emotional is inadmissible. What is essential for a confession's validity is that it proceeds from the free will of the person confessing. Courts should be slow in accepting such confessions unless corroborated by other testimony. Besides, constitutional provisions on the matter of extrajudicial confessions must be observed.
4. Some Rules on Labor
a. The former Court of Industrial Relations was empowered to aalow or order the employer to give a retirement grantuity to the employees as long as the reward is reasonable and compatible with the employer's right to reasonable profit in its capital. Thus, the Court has the duty of inquiring into the question of how much the company can afford to give.
b. Laborers contracted "temporarily" or without any designated time or period of time previuosly determined, or for an unspecified work, have the right to be notified one month ahead would no longer be necessary to their employers. The laborers shall have the right in case of immediate dismissal to the salary corresponding to said month. Any waiver by the laborer of therse privileges is null and void.
c. It would be unfair labor practice for an employer to prohibit his employees and laborers from joining a mass demonstration against alleged ploice abuses.
d. The right to fire employees must not be abused.
Examples/Cases
Facts:
When L, A blind man was hired his employers knew of his physical defect. For many years he did his work efficiently. LAter the company dismissed him on account of his blindness, as recommended by the company physician, alleging it was dangerous fro him to work because he might be strucj down by passing vehicles. Was the dismissal proper?
Held:
No. While an employer san ordinarily choose and fire employees without interfrence, these rights should not be abused or exercised capriciously, with reference to a worker who has wotked faithfully and satisfactorily witha defect visible and known; for otherwise in future similar cases the exercise of such right might be abused and used as a disguise fro dismissing an employee for union adherence.
e. But a casual worker does not enjoy the benefits of the Workmne's Compensation Law.
Facts:
Aguilar was engaged by Ramos to help repair or replace the eaves in the commercial store owned by Vicente Uy Chao. While working, Aguilar was unjured by the sudden falling of the whole eaves. Incidentally, the store was in the business of buying and selling glassware. Is Aguilar entitled to compensation under the Workmen's Compensation Law?
Held:
no, because the employment was purely casua, and not for the purpose of the owner's business or occupation as a gslassware dealer. There is no connection between the buying and selling of glassware and repair of the store. granting compensation to a laborer who fell while constructing a window railing cannot apply, for in said case the building being repaired was lease and income purposes, and the "repair, maintenance, and painting thereof, with a view to attracting tenents and of inducing them to pay a good or increased rental is most certainly part of the business." In the instant case, the owner was not engaged in thre house-letting business, but in buying and selling glassware.
f. The absence of ane specific evidence of a work-connection cause of an injury is NOT necessarily fatal to a claim for compensation under the Workmen's Compensation Act, if death occured in the course of employment. In the absence of any evidence as to cause of death, the persumption or interference is that death arose in view of employment.
J. E. L. Paras:
In interpreting the Constitution's protection to labor and social justice provisions and the labor laws and rules and regulations implementing the constitutional mandate, the Supreme Court adopts the liberal approach which favors theexercise of labor rights.
Subject to the constitutional right of workers to security of tenure and their right to be protected against dismissal except for a jsut or authorized cause and without prejudice to the requirement of notice under Art. 284 of the Labor Code, clearance to terminate employment shall no longer be necessary.
In carrying out and interpreting the Labor Code's provisions and its implementing regulations, the workingman's welfare should be the primordial and paramount consideration. This kind of interpretation gives meaning and substance to thr liberal and compassionate spirit of the law as provided for Art. 4 of the Labor Code which states that "all doubts in the implementation and interpretation of the provisions of the Code, including its implementing rules and regulations shall be resolved in favor of labor." THe policy is to extend the law's applicability to a greater number of employees under the law, in consonance wiht the avowed policy to give maximum aid and protection to labor.
In any proceeding before the National Labor Relations Commission or any other Labor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of the Labor Code that Commission and its members and the Labor Arbiters shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure.
Under the basic principle that administrative or executive acts, orders, and regulations shall be valid only when they are not contrary to the laws or the Constitution, the Supreme Court ruled that Sec. 2. Rule IV Book II of the Implemeting Rules ansd Policy Instruction No.9 issued by the then Sec. of Labor are null and void since in the guise of clarifying the Labor Code provisions on Holiday pay, they in effect amended them by enlarging the scope of their exclusions.
Thus, administrative regualtions under legislative authority by a particular department must be inharmony with the provision of the law, and should be for the sole purpose of carrying into effect its general provisions. By such regulation, the law itself cannot be extended. An administrative agency cannot amend an act of Congress.
Art. 63. Financial Aid And Social Services to Needy Families.- Special financial or material aid and social services shall be givrn to any needy family. to help it maintainthe chld or children in the home and prevent there placement elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare, taking into consideration, among other things, the self-employment of any of the family members and shall be paid from any funds available for the purpose.
Art. 64. Assistancr to Widowed or Abadoned Parent and Her Minor Dependents.- The State shall give assistance to widowed or abandoned parent or whether either spouse is on prolonged absence due to illness, imprisonment, tec. and who is unable to suopport his/her children. Financial and other essential social services shall be given by the National Government or other duly licensed agencies with similar functions to help such parent acquire the necessary knowledge or skill needed for the proper care and maintenance of the family.
Art. 65. Criterion for Aid.- The criteria to determine eligibility for the aid memntioned in the enxt two preceding articoles shall be (1) the age of the child or children, (2) the financial condition of the family, (3) the degree of deprivation of parental care and support, and (4) the inability to exercise parental authority.
Arrt. 66. Assistance to Unmarried Mothers and Their Children. - Any unmarried mother may before after birth of her child, seek the assistance and advice of the DSWD or any duly licensed child placement agency. The said agencies shall offer specialized professional services which could include confidential help and protection to scuh mother and child, including the placement of the child fro adoption whenever warranted, and enforcement of such mother's rights, if any, against the father of such child.
2. Meaning of "Vigilant for His Protection"
The phrase in general means that in case of doubt, the doubt must be resolved in favor of the inderdog. Thus in labor contracts, doubts are resolved in favor of the decent living and safety of the worker. According to the Commission, Art. 24, protects among others teh laboring class, many menbers of which face obvious diadvantages. Thus, the Workmen's Compensation Act being a social legislation designated to give relief to labor in case of injury, its provisions should be given a liberal interpretation in order to fully carry into ite effect its beneficient provisions. Doubts as to right of the laborers to compensation should be resolved in his favor. If undue influence intervenes in a will, thw will is void: if in a contract, the contract is voidable. While generally stipulations ina contract, come about after a deliberate drafting by the parties thereto, still there are certain contracts, almost al the provisions of which have been drafted only by ONE party, usually a corporation. Such contracts are called contracts of adhesion because the only participation of the other party is the signing of his signature or "adhesion" thereto. Insurance contracts, bills of lading, contracts for the sale of lots on installment plan fall into this category. It is obvious that to protect the rights of the other party, courts must construe obscurities and ambiguities in the contract strictly AGAINST the corporation or the company.
Under Art. 1332 of the Civil Code, "when one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the persomn enforcing the contract must show that the terms thereof have been fully explained to the former."
3. Inadmissibilty of Confessions Obtained Thru Coercion
A confession obtained thru coercion, whether physical, mental or emotional is inadmissible. What is essential for a confession's validity is that it proceeds from the free will of the person confessing. Courts should be slow in accepting such confessions unless corroborated by other testimony. Besides, constitutional provisions on the matter of extrajudicial confessions must be observed.
4. Some Rules on Labor
a. The former Court of Industrial Relations was empowered to aalow or order the employer to give a retirement grantuity to the employees as long as the reward is reasonable and compatible with the employer's right to reasonable profit in its capital. Thus, the Court has the duty of inquiring into the question of how much the company can afford to give.
b. Laborers contracted "temporarily" or without any designated time or period of time previuosly determined, or for an unspecified work, have the right to be notified one month ahead would no longer be necessary to their employers. The laborers shall have the right in case of immediate dismissal to the salary corresponding to said month. Any waiver by the laborer of therse privileges is null and void.
c. It would be unfair labor practice for an employer to prohibit his employees and laborers from joining a mass demonstration against alleged ploice abuses.
d. The right to fire employees must not be abused.
Examples/Cases
Facts:
When L, A blind man was hired his employers knew of his physical defect. For many years he did his work efficiently. LAter the company dismissed him on account of his blindness, as recommended by the company physician, alleging it was dangerous fro him to work because he might be strucj down by passing vehicles. Was the dismissal proper?
Held:
No. While an employer san ordinarily choose and fire employees without interfrence, these rights should not be abused or exercised capriciously, with reference to a worker who has wotked faithfully and satisfactorily witha defect visible and known; for otherwise in future similar cases the exercise of such right might be abused and used as a disguise fro dismissing an employee for union adherence.
e. But a casual worker does not enjoy the benefits of the Workmne's Compensation Law.
Facts:
Aguilar was engaged by Ramos to help repair or replace the eaves in the commercial store owned by Vicente Uy Chao. While working, Aguilar was unjured by the sudden falling of the whole eaves. Incidentally, the store was in the business of buying and selling glassware. Is Aguilar entitled to compensation under the Workmen's Compensation Law?
Held:
no, because the employment was purely casua, and not for the purpose of the owner's business or occupation as a gslassware dealer. There is no connection between the buying and selling of glassware and repair of the store. granting compensation to a laborer who fell while constructing a window railing cannot apply, for in said case the building being repaired was lease and income purposes, and the "repair, maintenance, and painting thereof, with a view to attracting tenents and of inducing them to pay a good or increased rental is most certainly part of the business." In the instant case, the owner was not engaged in thre house-letting business, but in buying and selling glassware.
f. The absence of ane specific evidence of a work-connection cause of an injury is NOT necessarily fatal to a claim for compensation under the Workmen's Compensation Act, if death occured in the course of employment. In the absence of any evidence as to cause of death, the persumption or interference is that death arose in view of employment.
J. E. L. Paras:
In interpreting the Constitution's protection to labor and social justice provisions and the labor laws and rules and regulations implementing the constitutional mandate, the Supreme Court adopts the liberal approach which favors theexercise of labor rights.
Subject to the constitutional right of workers to security of tenure and their right to be protected against dismissal except for a jsut or authorized cause and without prejudice to the requirement of notice under Art. 284 of the Labor Code, clearance to terminate employment shall no longer be necessary.
In carrying out and interpreting the Labor Code's provisions and its implementing regulations, the workingman's welfare should be the primordial and paramount consideration. This kind of interpretation gives meaning and substance to thr liberal and compassionate spirit of the law as provided for Art. 4 of the Labor Code which states that "all doubts in the implementation and interpretation of the provisions of the Code, including its implementing rules and regulations shall be resolved in favor of labor." THe policy is to extend the law's applicability to a greater number of employees under the law, in consonance wiht the avowed policy to give maximum aid and protection to labor.
In any proceeding before the National Labor Relations Commission or any other Labor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of the Labor Code that Commission and its members and the Labor Arbiters shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure.
Under the basic principle that administrative or executive acts, orders, and regulations shall be valid only when they are not contrary to the laws or the Constitution, the Supreme Court ruled that Sec. 2. Rule IV Book II of the Implemeting Rules ansd Policy Instruction No.9 issued by the then Sec. of Labor are null and void since in the guise of clarifying the Labor Code provisions on Holiday pay, they in effect amended them by enlarging the scope of their exclusions.
Thus, administrative regualtions under legislative authority by a particular department must be inharmony with the provision of the law, and should be for the sole purpose of carrying into effect its general provisions. By such regulation, the law itself cannot be extended. An administrative agency cannot amend an act of Congress.
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