6. MARCOS DE REFERENCIA
6.3. MARCO TEÓRICO
6.3.1. EMPLEABILIDAD, CAMBIO Y EXIGENCIAS PSICOSOCIALES EN EL
6.3.1.3. Empleabilidad y exigencias para los profesionales
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. h. MONOPOLIES, RESTRAINT OF TRADE AND
UNFAIR COMPETITION
Q: What is the State policy regarding monopolies?
A: The State shall regulate or prohibit monopolies when the public interest so requires. No combination in restraint of trade or unfair competition shall be allowed. (Sec. 19, Art. XII,
1987 Constitution)
Q: What is meaning of the phrase “Unfair
Foreign Competition And Trade Practices”?
A: The phrase is not to be understood in a limited legal and technical sense but in the sense of anything that is harmful to Philippine enterprises. At the same time, however, the intention is not to protect local inefficiency. Nor is the intention to protect local industries from foreign competition at the expense of the consuming public. (Bernas,
The 1987 Philippines Constitution: A Reviewer ‐ Primer, 2006)
Q: What is a monopoly?
A: A monopoly is a privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive right (or power) to carry on a particular business or trade, manufacture a particular article, or control the sale of a particular commodity. (Agan, Jr. v.
PIATCO, G.R. No. 155001, May 5, 2003)
Q: What is the rationale behind the provision?
A: The provision is a statement of public policy on monopolies and on combinations in restraint of trade. Section 19 is anti‐trust in history and spirit. It espouses competition. Only competition which is fair can release the creative forces of the market. Competition underlies the provision. The objective of anti‐trust law is ‘to assure a competitive economy based upon the belief that through competition producers will strive to satisfy consumer wants at the lowest price with the sacrifice of the fewest resources. Competition among producers allows consumers to bid for goods and services, and, thus matches their
desires with society’s opportunity costs.
Additionally, there is a reliance upon “the operation of the ‘market’ system (free enterprise) to decide what shall be produced, how resources shall be allocated in the production process, and to whom various products will be distributed. The market system relies on the consumer to decide what and how much shall be produced, and on
competition, among producers who will
manufacture it. (Energy Regulatory Board v. CA
G.R. No. 113079, April 20, 2001)
Q: Are monopolies prohibited by the Constitution?
A: Monopolies are not per se prohibited by the Constitution but may be permitted to exist to aid the government in carrying on an enterprise or to aid in the interest of the public. However, because monopolies are subject to abuses that can inflict severe prejudice to the public, they are subjected to a higher level of State regulation than an ordinary business undertaking. (Agan, Jr.
v. PIATCO, G.R. No. 155001, May 5, 2003)
Q: Are contracts requiring exclusivity void?
A: Contracts requiring exclusivity are not per se void. Each contract must be viewed vis‐à‐vis all the circumstances surrounding such agreement in deciding whether a restrictive practice should be prohibited as imposing an unreasonable restraint on competition. (Avon v. Luna, G.R. No. 153674, December 20, 2006) Q: What is prohibited by Section 19?
A: Combinations in restraint of trade and unfair competition are prohibited by the Constitution.
(Sec. 19, Art. XII, 1987 Constitution)
Q: When is a monopoly considered in restraint of trade and thus prohibited by the Constitution?
A: From the wordings of the Constitution, truly then, what is brought about to lay the test on whether a given an unlawful machination or combination in restraint of trade is whether under the particular circumstances of the case and the nature of the particular contract involved, such contract is, or is not, against public policy.
(Avon v. Luna, G.R. No. 153674, December 20, 2006)
Q: Does the government have the power to intervene whenever necessary for the promotion of the general welfare?
A: Yes, although the Constitution enshrines free enterprise as a policy, it nevertheless reserves to the Government the power to intervene whenever necessary for the promotion of the general welfare, as reflected in Sections 6 and 19 of Article XII. (Association of Philippine Coconut
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A N T OT
O M A SF a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES IIVICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ Desiccators v. Philippine Coconut Authrotiy, G.R.
No. 110526, February 10, 1998)
Q: Does the WTO agreement violate Article II Section 19 of the Constitution?
A: No, the WTO agreement does not violate Article II Section 19, nor Sections 19 and 12 of Article XII, because these sections should be read and understood in relation to Sections 1 and 13 of Article XII, which require the pursuit of trade policy that “serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.” (Tañada
v. Angara, G.R. No. 118295, May 2, 1997)
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POLITICAL LAW TEAM:ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. N. SOCIAL JUSTICE AND HUMAN RIGHTS Q: What are the goals of social justice under the Constitution? A:
1. Equitable diffusion of wealth and political power for common good; 2. Regulation of acquisition, ownership,
use and disposition of property and its increments; and
3. Creation of economic opportunities based on freedom of initiative and self‐ reliance. (Sec. 1 and 2, Art. XIII, 1987
Constitution) a. CONCEPT Q: What is social justice?
A: Social justice is “neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic force by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra‐ constitutionally, through the exercise of powers underlying the existence of all governments on the time‐honored principle of salus populi est
suprema lex. (Calalang v. Williams, 70 Phil 726, [1940])
Social justice simply means the equalization of economic, political, and social opportunities with special emphasis on the duty of the state to tilt the balance of social forces by favoring the disadvantaged in life. (Bernas, The 1987
Philippines Constitution: A Reviewer ‐ Primer, 2006)
Q: What aspects of human life are covered by Art. XIII? A: 1. Social justice 2. Labor 3. Agrarian and natural resources reform 4. Urban land reform and housing 5. Health 6. Women 7. Role and rights of people’s organization 8. Human rights
Q: Are workers in the private sector entitled to the right to strike?
A: Yes, but the same must be exercised in accordance with the law. (Sec. 3, Art. XII, 1987
Constitution)
Q: What are the provisions of the Constitution on women?
A:
1. The State shall equally protect the life
of the mother and the life of the unborn from conception. (Sec. 12, Art II, 1987
Constitution)
2. The State recognizes the role of women
in nation‐building, and shall ensure the fundamental equality before the law of women and men. (Sec. 14, Art. II, 1987
Constitution)
3. The State shall protect working women
by providing safe and healthful working conditions, taking into account their maternal functions, and such faculties and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. (Sec. 14, Art. XIII, 1987
Constitution)
Q: Is there a need for consultation before urban and rural dwellers can be relocated?
A: Yes. The urban and rural dwellers and the communities where they are to be relocated must be consulted. Otherwise, there shall be no resettlement. (Sec. 15 [2], Art. XIII)
Q: What is meant by people’s organization?
A: People’s Organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with
identifiable leadership, membership and
structure. (Sec. 15 [2], Art. XIII)
b. COMMISSION ON HUMAN RIGHTS
Q: What is the composition of the Commission on Human Rights?
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ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES IIVICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ A:
1. Chairman 2. 4 Members
Q: What are the qualifications of members of the CHR? A: 1. Natural‐born citizens 2. Majority must be members of the Bar. Q: Does the CHR have the power to investigate?
A: Yes. The CHR has the power to investigate all forms of human rights violations involving civil and political rights and monitor the compliance by the government with international treaty obligations on human rights. (Sec. 18, Art. XIII,
1987 Constitution)
Q: Does the CHR have the power to issue TRO?
A: No. It also has no power to cite for contempt for violation of the restraining order or a writ of preliminary injunction. (Simon v. CHR, G.R. No.
100150, Jan. 5, 1994)
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POLITICAL LAW TEAM:ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. O. EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE, AND SPORTS
Q: What are the principal characteristics of education which the State must promote and protect?
A:
1. Quality education
2. Affordable education (Sec. 1, Art. XIV) 3. Education that is relevant to the needs
of the people. (Sec. 2 [1], Art. XIV)
Q: What is Parens Patriae with regards to education?
A: The State has the authority and duty to step in where parents fail to or are unable to cope with their duties to their children.
Q: What is the basis for the requirement that a school or educational institution first obtain government authorization before operating?
A: It is based on the State policy that educational programs and/or operations shall be of good quality and, therefore, shall at least satisfy minimum standards with respect to curricula, teaching staff, physical plant and facilities and
administrative and management viability.
(Philippine Merchant Marine School Inc. v. Court of Appeals, G.R. No. 112844, June 2, 1995)
Q: Can the State regulate the right of a citizen to select a profession or course of study?
A: Yes, while it is true that the Court has upheld the constitutional right of every citizen to select a profession or course of study subject to fair,
reasonable and equitable admission and
academic requirements, the exercise of this right may be regulated pursuant to the police power of the State to safeguard health, morals, peace,
education, order, safety and general welfare.
Thus, persons who desire to engage in the learned professions requiring scientific or technical knowledge may be required to take an examination as a prerequisite to engaging in their
chosen careers. This regulation assumes
particular pertinence in the field of medicine, in order to protect the public from the potentially deadly effects of incompetence and ignorance.
(PRC v. De Guzman, GR No. 144681, june 21, 2004)
Q: Can the State require a citizen to attend only Public School?
A: The State cannot require children to attend
only public schools before they reach a certain age. The child is not a mere creature of the State. Those who nurture him and direct his destiny have the right to recognize and prepare him.
(Pierce v. Society of Sisters 268 US 510)
Q: What are the principal characteristics of education which the State must promote and protect?
A:
1. Quality education
2. Affordable education (Sec. 1, Art. XIV) 3. Education that is relevant to the needs
of the people. (Sec. 2 [1], Art. XIV)
Q: What are the nationalized educational activities? A: 1. Ownership: a. Filipino Citizens or b. Corporations or associations where at least 60% of the capital is owned by Filipino citizens except those established by religious groups and mission boards; 2. Control and administration; and 3. Student population (Sec. 4 [2], Art. XIV)
Note: The Congress may increase Filipino equity
participation in all educational institutions.
Q: What language shall be used as official medium of communication and instruction?
A: The official languages are Filipino and, until otherwise provided by law, English. The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein. Spanish and Arabic shall be promoted on a voluntary and optional basis. (Sec. 7, Art. XIV, 1987 Constitution) a. ACADEMIC FREEDOM Q: What are the aspects of Academic Freedom? A: There are 3 views:
1. From the standpoint of the educational
institution ‐ To provide that atmosphere
which is most conducive to speculation, experimentation and creation;