SC: Congress cannot pass legislation that has previously been declared unconstitutional by the Supreme Court.

SC: Congress cannot pass legislation that has previously been declared unconstitutional by the Supreme Court.

The reinstated clause in Section 7 of Republic Act No. 10022 has been declared invalid by the Supreme Court once again, this time through Justice Leonen: "It is unconstitutional." 

     "Incorporating a similarly worded provision in a [subsequent legislation] does not cure its unconstitutionality. Without any discemable change in the circumstances warranting a reversal, this Court will not hesitate to strike down the same provision." 

     As such, we reiterate our ruling in Sameer that the reinstated clause in Section 7 of Republic Act No. 10022 has no force and effect of law. It is unconstitutional. 

A statute declared unconstitutional "confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative as if it has not been passed at all." 

This case [G.R. No. 200811, June 19, 2019], should be no different from Serrano and Sameer. 

     Hence, petitioners are entitled to the award of salaries based on the actual unexpired portion of their employment contracts. The award of petitioners' salaries, in relation to the three (3)-month cap, must be modified accordingly. 

The clause "or for three (3) months for every year of the unexpired term, whichever is less" as reinstated in Section 7 of Republic Act No. 10022 is unconstitutional, and has no force and effect of law. It violates due process as it deprives overseas workers of their monetary claims without any discernable valid purpose.

JULITA M. ALDOVINO, et al.

vs.GOLD AND GREEN MANPOWER MANAGEMENT AND DEVELOPMENT SERVICES, INC., et al. 

[June 19, 2019 G.R. No. 200811]

⚖️👨‍⚖️ LEONEN, J. 

Full text:

https://sc.judiciary.gov.ph/5031/ 

We recommend the following books for a thorough study: 

Labor Code; Labor Standards and Welfare (2021 Ed.) VOL. 1. by AZUCENA

Labor Code; Labor Relations Employment Tenure and Termination (2021 Ed.) VOL. II-A & II-B by AZUCENA

Everyone's LABOR CODE (2021 Ed) by AZUCENA 

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