THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
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OF THE PHILIPPINES 
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S. No. 
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Introduced by Senator S. R. OsmeAa 111 
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EXPLANATORY NOTE 
As prescribed in the Philippine Constitution, the State shall guarantee the 
rights of workers to self-organization, collective bargaining and negotiations, and 
peaceful concerted activities, including the right to strike in accordance with law. 
Despite this guarantee there seems to be no provision in the Labor Code which 
explicitly prohibits the holding of a certification election more than once a year 
with the end in view of instilling industrial harmony among the different 
appropriate bargaining units. From the point of view of the Labor Code it may 
thus be argued that there is no such limit as to the number of times a losing labor 
union may file a certification election within a given year in order to test the 
choice of the members of an appropriate bargaining unit. As such the chosen 
labor union will always be on its guard to maintain its representative status to the 
detriment of its members. 
Notwithstanding this apparent omission in the law, the Supreme Court in 
numerous cases has ruled that no certification elections in an appropriate 
bargaining unit may be held more than once a year. 
In order to promote industrial harmony this bill seeks to legislate into law 
the provision on “certification election bar rule” and thereby eliminate all possible 
conflicts that may arise therefrom. 
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SERGIO OSMENA 111 
Senator 
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THIRTEENTH CONGRESS OF THE REPUBLI 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
* “  
Introduced by Senator S. R. OsmeAa 111 
AN ACT 
RATIONALIZING 
FURTHER 
THE 
CONDUCT 
OF 
CERTIFICATION 
ELECTIONS 
BY 
PROVIDING THAT 
CERTIFICATION ELECTION .IN 
ANAPPROPRIATE BARGAINING UNIT SHALL NOT BE OFTENER THAN 
ONCE IN TWELVE (12) MONTHS, AMENDING FOR THIS PURPOSES THE 
RELEVANT PROVISIONS OF THE LABOR CODE OF THE PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. It is hereby declared the policy of the State to promote free 
2 trade unionism as an instrument for the enhancement of democracy and the 
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promotion of social justice and development; and ensure a stable but dynamic 
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and just industrial peace. 
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SEC. 2. There shall be incorporated after Article 231 of Presidential 
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Decree No. 442, as amended, otherwise kpown as the “Labor Code of the 
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Philippines” a new Article 231-A which shall be read as follows: 
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“ART. 231-A. CERTIFICATION ELECTION. - IN THE ABSENCE 
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OF A COLLECTIVE BARGAINING AGREEMENT DULY REGISTED IN 
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ACCORDANCE WITH ARTICLE 231 OF THIS CODE, A PETITION FOR 
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CERTIFICATION ELECTION MAY BE FILED AT ANY TIME. HOWEVER, 
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NO CERTIFICATION ELECTION MAY BE HELD WITHIN ONE (1) YEAR 
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FROM THE DATE OF ISSUANCE OF A FINAL CERTIFICATION 
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ELECTION RESULT. NEITHER MAY A PRESENTATION QUESTION 
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BE ENTERTAINED IF, BEFORE THE FILING OF A PETITION FOR 
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CERTIFICATION ELECTION, A BARGAINING DEADLOCK TO WHICH 
AN INCUMBENT OR CERTIFIED BARGAINING AGENT IS A PARTY 
HAD BEEN SUBMITTED TO CONCILIATION OR ARBITRATION OR 
HAD BECOME THE SUBJECT OF VALID NOTICE OR STRIKE OR 
LOCKOUT. 
IF A COLLECTIVE BARGAINING AGREEMENT HAS BEEN DULY 
REGISTERED IN ACCORDANCE WITH ARTICLE 231 OF THIS CODE, 
A PETITION FOR CERTIFICATION ELECTION OR A MOTION FOR 
INTERVENTION CAN ONLY BE ENTERTAINED WITHIN SIXTY (60) 
DAYS PRIOR TO THE EXPIRY DATE OF SUCH AGREEMENT.” 
SEC. 3. Any provision of law, rule or regulation which is inconsistent with 
the provision of this Act is hereby repealed or amended accordingly 
SEC. 4. This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in at least two (2) newspapers of general circulation 
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whichever comes earlier 
Approved, 
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