Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

While the court upheld the power of the health department to “protect health” and


“instill health consciousness,”


(^71) the court struck down asultra viresthe labeling
requirements for milk formula for non-infants.^72
In a case involving a labor strike, the court allowed hotel management to fire or
suspend union members who, after a bargaining deadlock between the hotel and
its union, reported for work with shaven heads. The court said it was tantamount to
an illegal strike, since the violation of the grooming standards was “clearly a
deliberate and concerted action” to “undermine the authority” of, and “embarrass,”
the hotel, “forcing” it to choose between its reputation and ceasing operations.^73
The court held


that the act of the Union was not merely an expression of their


grievance or displeasure but, indeed, a calibrated and calculated act


designed to inflict serious damage to the Hotel’s finances or its


reputation. Thus, we hold that the Union’s concerted violation of the


Hotel’s Grooming Standards which resulted in the temporary cessation


and disruption of the Hotel’s operations is an unprotected act and


should be considered as an illegal strike.^74


iv. de-territorialized notion of citizenship


The dominant notion defining membership in the political community is codified


through the citizenship clause of the Constitution. That notion was built on a fear


of the foreign, and the primacy – jealously guarded – of the native. Recently,


however, there has been a fundamental revision on two fronts: first, on discrimin-


ation on the basis of illegitimacy and the notion of the “natural-born citizen”; and


second, on the emerging consensus to restore the citizenship of overseas migrant


workers who are physically absent from the country or who have severed legal ties


and taken new citizenship abroad.


Because citizenship is the proxy test of allegiance, the highest public offices are


reserved for natural-born citizens.^75 During the 2004 presidential elections,


President Arroyo’s main opponent was a popular movie actor (friend and ally of


deposed president Estrada), Fernando Poe Jr, born an illegitimate child of an


American mother and a Filipino father. Under local laws, he would follow the


citizenship of the mother and, though he would be subsequently legitimated by


the marriage of his parents, he still would not be a “natural-born citizen.”


(^71) Const. Art.ii§ 15.
(^72) Pharmaceutical & Health Care Association of the Philippinesv.Health Secretary, G.R.
No 173034 (October 9 , 2007 ).
(^73) National Union of Workers in the Hotel Restaurant and Allied Industriesv.Court of
Appeals, G.R. No 163942 (November 11 , 2008 ).
(^74) Ibid. (^75) Const. Art.vii§ 2.


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