LABOR LAW REVIEWER FOR THE 2013 BAR EXAMS: BLITZ NOTES>Section 1, Article III, of the Constitution states that no person shall be deprived of property without due process of law. Protected property includes the right to work and the right to earn a living. In JMM Promotion and Management, Inc. v. Court of Appeals,the Court held that: A profession, trade or calling is a property right within the meaning of our constitutional guarantees. One cannot be deprived of the right to work and the right to make a living because these rights are property rights, the arbitrary and unwarranted deprivation of which normally constitutes an actionable wrong. The right to work and the right to earn a living necessarily includes the right to bargain for better terms in an employment contract and the right to enforce those terms. If protected property does not include these rights, then the right to work and the right to earn a living would become empty civil liberties — the State can deprive persons of their right to work and their right to earn a living by depriving them of the right to negotiate for better terms and the right to enforce those terms. (CITATIONS OMITTED) (2013 TACORDA BIDO BERNABE DE LA VEGA & NAPAY LITUSQUEN NOTES, 201385 data bank USB SEPT.) Jerome
Posted on: Fri, 06 Sep 2013 10:08:48 +0000
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