Philippine Bar review · Question

Practice question: Full Protection to Labor (Art. XIII)

Multiple Choice Hard

Practice question

Private workers invoke ArticleXIII to disregard mandatory statutory strike conditions that are stipulated to apply, with no exception. They argue constitutional protection makes every peaceful stoppage lawful whatever those conditions. Which is correct?
  1. The constitutional strike protection expressly remains subject to law
  2. Peacefulness alone eliminates every statutory condition
  3. Every constitutional labor right is an immunity from all regulation
  4. A union vote automatically invalidates the statute
  5. The Constitution guarantees no concerted activity at all

Legal references

  • 1987 Constitution: https://lawphil.net/consti/cons1987.html ArticleXIII Section3; ArticleIXB Section2(5).
  • SSS Employees Association v Court of Appeals GR85279 July28,1989 MAIN: https://lawphil.net/judjuris/juri1989/jul1989/gr_85279_1989.html Government self-organization distinguished from strike.

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