Professional Documents
Culture Documents
NSTP SKSK
NSTP SKSK
SECTION 8–14
Section 8
The right of the people, including those
employed in public and private sectors,
to form unions association, or societies for
purposes not contrary to law shall not
abridged.
Meaning of Right to form Associations etc.
The right to form is the freedom to be a member of any group
or association and to work to together in a particular purpose.
Public Morals
- Those punishing vagrancy and prostitutions.
Public Safety
- Those requiring a license for the right to drive motor
vehicles General Welfare and Convenience Those requiring
compulsory registration of lands.
Distinctions among the Three Power
As a authority which exercises the power.
- Government and Public Service
As to purpose
- The property is taken, for public use and the
property is taken or destroyed.
As to affect
- Public funds, Transfer of the right to property
and Restraint in the injurious use of the property.
Distinctions among the Three Power
As to persons affected.
- A community or a class of individuals and
Individual as the owner of the property
As to benefits received.
- Receives the equivalent of the tax (benefits and
protection) and Receive just compensation.
SECTION 10
No Law impairing the obligation
of contracts shall be passed.
Meaning of obligation of a contract
- the obligation of a contract is the law or
duty which binds the parties to perform their
agreement according to its terms or intent.
Scope of terms “law” and “contract”
(1) the law, the enactment of which is prohibited,
includes executive and administrative orders of the
President.
(2) the contract, the obligation of which is secured
against impairment under the constitution, includes
contracts entered into by the government.
Purpose of non- impairment prohibition
- The prohibition is intended to protect creditors,
to assure, the fulfillment of lawful promises, and
to guard the integrity of contractual obligations.