Chapter V
Summary, Conclusions, and Recommendations
This chapter presents the summary of findings, the conclusions, and recommendations
of the study.
Summary
This study sought to answer the following questions:
1. Why is there a need to determine whether Article 293 of the Labor Code provide sufficient
remedies to illegally dismissed employees?
2. Why is there a need to determine whether the Supreme Court, when declaring and issuing
doctrinal decisions on reliefs and remedies not found or established under Article 293,
engage in “judicial legislation”?
3. Is it necessary to amend Article 293 of the Labor Code to reflect the reliefs and remedies
which are not incorporated into it but which have been doctrinally promulgated and
pronounced by the Supreme Court for years in the case of illegal dismissal?
In order to answer the following questions, the researcher used the qualitative method
after a series of data gathering procedure. For the said procedure, the researcher used the
internet, law books, journals, dissertations and unpublished theses related to the study.
Findings
1. Why is there a need to determine whether Article 293 of the Labor Code provide sufficient
remedies to illegally dismissed employees?
Since there are only two remedies mentioned in the provision of Article 293, there are
instances wherein the Supreme Court resorts to rendering decision without any basis in the
law. First case example is when remedies or reliefs are granted to illegally dismissed
employees who can no longer be reinstated because, for instance, of the existing “bad blood”
between the employee and the employer. The employees who are illegally dismissed are
allegedly deprived of their right to due process. Second, there are instances wherein The
Court would apply provisions in the law which are somewhat the same with the case at hand,
which would then result to inconsistent or differing in rendering of decisions for employees
who are found in similar situated cases. There are also instances wherein the court imposes
legal interest on the remedies or reliefs. Due to this, it shows an unfair and evident cases of
discrimination and a clear violation of the right of the employees to security of tenure. Third,
Third point as to why we need to determine whether Article 293 is sufficient is to
simultaneously determine whether the rendered decision violated the right of the employee to
due process. It has been going on for several years that dismissed employees without
affording to them procedural due process is considered to be violative of the constitutional
mandate of due process clause1 in the Section I, Art. III of the 1987 Constitution.
1
Clariesse Jami Mari A. Chan, 59 Ateneo Law Journal 810 (2014)
2. Why is there a need to determine whether the Supreme Court, when declaring and issuing
doctrinal decisions on reliefs and remedies not found or established under Article 293,
engage in “judicial legislation”?
The Court has no doubt compelled to engage in judicial legislation due to the
insufficiency of the law. The court has to create “laws” by rendering judicial
pronouncements which is by far out of the four corners of the existing law – Article 293
[279]. Thus, instead of interpreting and construing the law, the Court engage in legislating it.
For instance, there are unique situations wherein no provision in the Labor Code
covers involves cases where the employees files an illegal dismissal case against his
employer but there is no evidence that he was dismissed.
3. Is it necessary to amend Article 293 of the Labor Code to reflect the reliefs and remedies
which are not incorporated into it but which have been doctrinally promulgated and
pronounced by the Supreme Court for years in the case of illegal dismissal?
To address the issues cited, and to avoid any
further confusion and debate over the proper reliefs and remedies available to illegally
dismissed employees, the answer to question “Is it necessary to amend Article 293 of the
Labor Code to reflect the reliefs and remedies which are not incorporated into it but which
have been doctrinally promulgated and pronounced by the Supreme Court for years in the
case of illegal dismissal?”, is in the affirmative. Amendments would represent well-
established and immemorially accepted doctrines and values that deserve to be enshrined in
the hollowed pages of the Labor Code because of their intrinsic value and enduring relevance
in the face of "changing times and circumstances."
Conclusions
Based on the findings, the following conclusions were drawn:
1. There are three points as to why we need to determine whether Article 293 is
sufficient. First, it is important that which because of its insufficiency, the employees who
are illegally dismissed are allegedly deprived of their right to due process. Second, differing
in rendering of decisions for employees who are found in similar situated cases show an
unfair and evident cases of discrimination and a clear violation of the right of the employees
to security of tenure. Third, . it has been going on for several years that dismissed employees
without affording to them procedural due process is considered to be violative of the
constitutional mandate of due process clause. Hence, the importance to determine whether
Article 293 [297] is sufficient to stand in providing the proper and appropriate remedies to
illegally dismissed employees.
2. Due to the insufficiency of the provision of Article 293 in providing the appropriate
and proper remedy and relief, the Court has no doubt compelled to engage in judicial
legislation due to the insufficiency of the law. It is important to determine whether the court
is indeed engaged in judicial legislation because
3. There is a need to amend the Article 293 in order to To address the issues cited, and
to avoid any further confusion and debate over the proper reliefs and remedies available to
illegally dismissed employees. The court would then be engage in the proper construing and
interpreting of the particular provisions of the said Code.
Recommendations
1. A more careful study of the provisions of Article 293 of the Labor
Code which provides the reliefs and remedies of illegally dismissed employees to address the
issues on due process and on the judicial legislation.
2. An amendment of the provisions of Article 293 of the Labor Code in order to avoid
any further confusion and debate over the proper reliefs and remedies available to illegally
dismissed employees.
