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48 Ateneo L.J. 4 (2003-2004)

handle is hein.journals/ateno48 and id is 1 raw text is: ISAE v Quisumbing: Drawing Lines Where There Are None Antonio M. Elicaflo I. INTRODUCTION. ..... ................. ............ 4 11. THEFAcTsINISAE..................................Is III. THE OPINION OF THE COURT IN ISAE . ........ ....... 7 A. Equal Pay for Equal Work B. The Court's Obiter Dicta in ISAF IVAQUESTIONs ARISING FROM THE ISAE DECISION.... . . ... . .22 A. Prospective or Retroactive Application? B. Nunc Pro Tuncjudgments C. Equal Protection V. CONCLUsION ......... ......... ................. 30 1. INTRODUCTION The First Division' of the Supreme Court, in International School Alliance of Educators v. Hon. Leonardo A. Quisumbing, in his capacity as the Secretary of Labor and Employment, et al., reversed the orders of public respondents * J.D. '94, Ateneo de Manila University School of Law, with honors. The author formerly served as the ChiefJudicial Staff Head of ChiefJustice Hilario 0. Davide, Jr., and the Deputy Executive Djector of the Preparatory Commission on Constitutional Reform, headed by Chief Justice Andres R. Narvasa (Ret.). The author currently works as an attorney with the Bernas Law Offices and lectures on Constitutional Law at the Ateneo de Manila University School of Law. The author acknowledges the contribution of Atty. Katrina C. Monsod, of the Ateneo Society of International Law, to this essay. This essay is written pursuant to the Sasakawa Professorial Chair in International Law bestowed upon the author for the school year 2oo2-o3. The author expresses his gratitude to Rev. Fr. Joaquin G. Bernas, Sj., the Dean of the Ateneo Law School, for his support in having made this grant possible, and to Arty. Jose A. Bernas, the Managing Partner of the Bernas Law Offices and a lecturer in Privpte International Law at the Ateneo Law School, for his input to this essay and his support of the Author's academic pursuits. The views expressed in this comment, however, are entirely the author's. Cite as 48 ATENEO L.J. 4 (2003). s. The First Division is composed of ChiefJustice Davide and Justices Kapunan, Puno, Pardo, and Ynares-Santiago. 2. 333 SCRA 13 (2000). Digitized from Best Copy Available

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