Tuesday, December 17, 2013

Social justice clause of the Constitution



"There is nothing in the Constitution that prohibits Congress from regulating the profits or income/gross sales of industries and enterprises without franchises. On the contrary, the social justice provisions of the Constitution enjoin the State to regulate the “acquisition, ownership, use, and disposition” of property and its
increments.117 This may cover the regulation of profits or income/gross sales of all businesses, without qualification, to attain the objective of diffusing wealth in order to protect and enhance the right of all the people to human dignity.118 Thus, under the social justice policy of the Constitution, business establishments may be
compelled to contribute to uplifting the plight of vulnerable or marginalized groups in our society provided that the regulation is not arbitrary, oppressive or confiscatory, or is not in breach of some specific constitutional limitation."

See -

MANILA MEMORIAL PARK, INC.
AND LA FUNERARIA PAZ-SUCAT,
INC.,
Petitioners,
-versus-
SECRETARY OF THE
DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT
and THE SECRETARY OF THE

G.R. No. 175356
Promulgated:
DECEMBER 03, 2013