PREFACE
Second Revised Edition, 2009
The first edition of this first volume of my 2-volume series on the Labor Code was first published in 1997 or about 12 years ago. Its Volume II has already been revised 4 times, the latest of which was issued early this year. Most recent significant amendatory laws passed by Congress, recent issuances of labor authorities and new pronouncements of the Supreme Court made the revision of this book imperative and compelling indeed.
This latest edition is dedicated to the memory of the late Blas F. Ople, the Father of the Labor Code, the longest-serving Minister of Labor and Employment (19 years), the first Filipino to be elected President of the International Labor Organization (ILO) at its 60th General Assembly for which he was awarded a Gold Medal of Appreciation, a distinguished member of the Constitutional Commission which drafted the 1987 Constitution, President of the Philippine Senate (1999-2000) and incumbent Secretary of the Department of Foreign Affairs at the time of his demise in 2003. Ka Blas graciously wrote the Foreword to this 2-volme series in 1996. I cannot repay the precious time he gave up to go over the manuscript of its first edition. Indeed, I am bound in lasting gratitude.
Joselito Guianan Chan
Chan Robles Law Firm
Philippine Stock Exchange Centre
Exchange Road
Ortigas Center
Pasig City
Metro Manila
June 15, 2009
First edition
PREFATORY
STATEMENT
This
is the first part of my 2-part series on the Labor Code of the
Philippines
covering Articles 1 to 210 thereof. For practical
reasons
and considering the importance of the subject, I first came out with
the
second part entitled"Law
on
Labor Relations and Termination of Employment, Annotated"[1996
edition] covering Books V to VII
of the Labor Code (specifically Articles 211 to 302 thereof) earlier
than
this work.
The
response of law deans, law students, Labor Arbiters and practitioners
in
labor relations and personnel and human resources management to the"Law
on Labor Relations and Termination of Employment, Annotated"
was very inspiring and encouraging, indeed. The first copies thereof
were
immediately sold within the first six (6) months since its release last
November, 1996. Its CD-ROM version*
which was produced abroad had to be rushed to accommodate orders. This
is the first book in CD-ROM in the country, I was told. Research is
reduced
to a split-second-one-click job. Modern technology has indeed taken
over
most of the conventional way of search and research.
Its
exposure in the market through the four (4) biggest
bookstores/distributors
- National Bookstore, Inc., Rex Book Store, Central Professional
Books,
Inc. and Central Book Supply, Inc. - which carried it in
all
their branches nationwide, had greatly boosted the distribution and
sale
thereof. For this, I am grateful, indeed.
This
current work entitled"LAW
ON LABOR STANDARDS AND SOCIAL LEGISLATION, ANNOTATED"
seeks to explain in clear and comprehensive manner, the provisions of
the
first four (4) Books of the Labor Code, specifically its Preliminary
Title[General Provisions and Emancipation of Tenants],Book
I[Pre-Employment], Book II[Human
Resources Development Program], Book III[Conditions
of Employment], and Book IV [Health,
Safety
and Social Welfare Benefits].
As
in my first book, the provisions of the Constitution, Rules to
Implement
the Labor Code, latest related legislation of Congress [such as theSocial
Security Act of 1997 andGovernment
Service Insurance System Act of 1997
approved
on May 01 and 30, 1997, respectively], issuances of labor authorities
and
relevant decisions of the Supreme Court, are included in the Notes
and
Comments which follow each presentation of the codal provisions of
the Labor Code. For easy reading and comprehension, I also resorted to
topical method of discussion, with appropriate, extensive reference and
correlation to pertinent laws, issuances or decisions which were
replicated
in
haec verba. In this manner, the reader need not resort to separate,
tedious and time-consuming consultation with any related laws,
issuances
or jurisprudential principles being referred to in the Labor Code.
By
clarity of hindsight, I am inclined to believe that the second volume
of
this 2-part series, was well-received because of its simple
presentation
and wide coverage in its annotation. This book -"LAW
ON LABOR STANDARDS AND SOCIAL LEGISLATION, ANNOTATED"-
will hopefully satisfy the same need for simple presentation and wide
coverage
in the treatment of this very important portion of the Labor Code.
Before
ending this prefatory statement, I wish to express my gratitude to my
parents
and family, my valuable clients, former students and countless friends,
for their inspiration; to my partner of many years, Atty. Reynaldo
Bustos
Robles; to my long-standing lawyer-friends Attys. Jaime Bilan
Montealegre,
Jade Ferrer Wy, Rolando Binaohan Calayo and Cesar Becerro
Tuozo,
as
well as to the of counsels, consultants, senior associates,
junior
associates, paralegal and research staff and support personnel ofThe
Law Firm of Chan Robles and Associates
for
their undiminished moral support and encouragement. Worthy of special
mention
are Mr. Gabriel Ocampo Bilog whose suggestions on some
important
legal materials have been most helpful; Miss Odessa de la Cruz
Bernardo,
the Administrative Officer of the Law Firm and Marketing Manager of
CHANROBLES
PUBLISHING COMPANY and Mr. Ronald Echalas Diaz, for their
assistance
in the preparation of the manuscript of this book which saved me a lot
of working days and
sleepless
nights.
Equally
deserving of my sincere gratitude is my law school classmate and
friend,
Mr.
Robert L. Bolisay, President of Intercontinental Paper
Industries,
Inc. (IPII), one of the biggest producers of paper products in
this
part of the globe, who, for the second time, has graciously provided
the
quality paper on which this book is printed; and Mr. Juan Carlos B.
Robles, my partner in the accounting firm,Chan
Robles & Wy, CPAs, for preparing the
CD-ROM version of this book.
J.
G. C.
Quezon
City
Metropolitan
Manila
Philippines
July 01,
1997 |