1. Social Justice (Art. II)

Social Justice

Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. (Calalang v. Williams, G.R. No. 47800, 1940)

Welfare state based on social justice

The welfare state concept is found in the 1987 Constitution’s promotion of social justice in all phases of national development (Art. II, Sec. 10), full protection to labor (Art. XIII, Sec. 3), and agrarian reform (Art. XIII, Sec. 4). Alalayan’s description of authority to regulate relations between landowners and tenants and between labor and capital reflects an earlier Constitution. (Alalayan v. National Power Corp., G.R. No. L-24396, 1968)

Limitations of Social Justice

Social justice should be used only to correct an injustice. It must be founded on the recognition of the necessity of interdependence among diverse units of a society, and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life. (Agabon v. NLRC, G.R. No. 158693, 2004)

Social justice is not intended to countenance wrongdoing simply because it is committed by the underprivileged. At best it may mitigate the penalty but it certainly will not condone the offense. Compassion for the poor is an imperative of every humane society but only when the recipient is not a rascal claiming an undeserved privilege. Social justice cannot be permitted to be a refuge of scoundrels any more than can equity be an impediment to the punishment of the guilty. (Tirazona v. Philippine EDS Techno-Service, G.R. No. 169712, 2009)

Laissez-Faire not fully embraced by the Constitution

The Constitution is primarily a document of social justice, and although it has recognized the importance of the private sector, it has not embraced fully the concept of laissez-faire or relied on pure market forces to govern the economy. (Employers Confederation v. NWPC, G.R. No. 96169, 1991)