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2010 Lawasia J. 113 (2010)
Strike as a Human Rights and a Labour Right: The Philippine Perspective of Balancing the Interest of Labour and Enterprises

handle is hein.journals/lawasiaj2010 and id is 125 raw text is: STRIKE AS A HUMAN RIGHT AND A LABOUR RIGHT: THE PHILIPPINE PERSPECTIVE OF BALANCING THE INTERESTS OF LABOUR AND ENTERPRISES Hardy B Aquende* 1. INTRODUCTION Article II, Section 18 of the 1987 Philippine Constitution provides that labour is a primary social economic force. Among the elements of production, only labour is mentioned in the Declaration of Principles and State Policies of the Constitution. Such pronouncement manifests the primacy of the human factor over the non-human factors of production. This declaration is often quoted by labour advocates in promoting the rights of labourers. Advocates of labour rights proclaim that such rights, including the right to strike, are fundamental, thus must be favoured. However, it must be noted that labelling a particular right as fundamental does not address the problem of determining which rights are more important than others. Although the rights of labourers are expressly recognised and protected under the Philippine laws, such rights are not absolute and necessarily co-exist with other rights-the rights of the employers. For the first time in the history of the Philippine legal system, the 1987 Constitution expressly recognised the right of employers to reasonable returns on investment.' This pronouncement in the Constitution may be used to justify the trumping of labourers' rights and give way to the property rights of employers. Nevertheless, this same pronouncement is a powerful tool to achieve balance between the often conflicting interests of the labourers and their employers. Despite the recognition of the property rights of an employer, it appears that the scales of justice are tilted in favour of labour since the Philippine Constitutions and the labour laws have time and again sought to protect labour against employers and even provides for construction in favour of labour whenever there is doubt. Such a perception must be corrected for having a sound labour market, where the rights of labourers and that of their employers are carefully balanced, is important to the Philippines as a developing country. Balancing the labourer's right to strike and the employer's right to reasonable returns is key to achieving a just and peaceful environment that will attract investors and promote the economy of the country. This article will consider how the right of the labourers to engage in concerted activities should be treated, and seeks to correct the view that the Philippine legal system is biased in favour of labour to the point of being injurious to businesses and investors. It will illustrate that the right to strike may be exercised as a human right or * JD, University of the Philippines College of Law; BSA, De La Salle University; Member, Integrated Bar of the Philippines and The Philippine Institute of Certified Public Accountants. The author is a former associate at the Angara Abello Concepcion Regala & Cruz Law Offices and is presently a Special Prosecutor for the Run-After Tax Evaders Program of the Philippine Bureau of Internal Revenue. 1 Constitution of the Philippines, 1987 art XIII, s 3. 113