Title

Is Republic Act No. 10361: Batas Kasambahay enough? or its implementing rules and regulations too much?

Date of Publication

2013

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Commerce Major in Legal Management

Subject Categories

Commercial Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Marisa Buenagua

Defense Panel Member

Azucena
Padilla

Abstract/Summary

Laws are classified into two: General Law and Special Law. General law is a law which in its terms and effect applies either to the whole state, or to one or more municipalities of the state less than the whole in a class while a Special Law is one which applies to specific individuals, association or corporation. Philippines has been recognizing special laws to address problems under special situations. Labor Code, the principal labor law of the country co-exists with Republic Act 10361 of otherwose known as Batas Kasambahay, which obviously caters to the domestic workers int he country, thus considered to be a special law.

On its journey under the Legislatice Branch as a bill for almost 17 years, BAtas Kasambahay had been through many revisions until it was finally promulgated as a law last January 2013. Of course, a law needs its own rules and regulations that would aid people to easily understand it. Hence, pursuant to the enactment of Republic Act No. 10361, its Implementing Rules and Regulations that would aid people to easily understand it. Hence, pursuant to the enactment of Republic Act 10361, its Implementing Rules and Regulations ( IRR ) was issued by Department of Labor and Employment (DOLE) on May 2013.

DOLE, the national government agency mandated to formulate policies, implement programs and serve as the policy-coordinating arm of the Executive Branch in the field of labor and employment, is limited by a rule-making power. It is the quasi-legislative power, with the practical effect to make laws with certain boundaries. The IRR should be within the context of the granting statute. It should neither be inconsistent with the Constitution and the granting statue, nor should it amend, alter, modify supplant, enlarge, or limit the term of the statute.

However, the researchers have come to analyze issues between Batas Kasambahay and its IRR due to a provision, which excludes family drivers that consequently, violates principles written in the 1987 Philippine Constitution. Moreover, selected provisions seemed to be inconsistent with the granting statute it should be supporting.

This research paper aims to understand the plain meaning of Batas Kasambahay and its Implementing Rules and Regulations as they both address problems that are common in the society. This thesis also focuses on legal concepts and theories that were used by the researchers as foundation to analyze the conflict between the two laws.

Through analysis of Labor laws, ILO Convention, Jurisprudence and Legal concepts and philosophy, the output of this research paper should be for the interest of the society, which is to have equality on both labor and capital. Thus, this research paper emphasizes that family drivers should be part of R.A. 10361's coverage, and selected provisions of IRR should undergo through harmonization process with the granting statute before these provisions could be declared invalid. Accordingly, the finding of this paper is for the greatest good for the greatest number of people and in order for he two laws in conflict to serve their purpose.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU18609

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

1 v., various foliations

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