NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
SENATE
S. No. 2497
/<Mlcr of tbf !T;
23 NOV 29 AlO :05
RECEIVED BY;
Introduced by Senator Joseph Victor G. Ejercito
AN ACT
ESTABLISHING A REFORM IN THE REGULATION OF COLLECTIVE 
BARGAINING AGREEMENT, AMENDING FOR THE PURPOSE PRESIDENTIAL 
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE 
OF THE PHILIPPINES
EXPLANATORY NOTE
Presidential Decree No. 442, also known as the Labor Code of the Philippines, as 
amended by Republic Act No. 6715, provides for a term of five (5) years for the 
representation aspect, while three (3) years for all other provisions for all other 
provisions of any collective bargaining agreement (CBA). In San Miguel Corporation 
vs. Confesor (G.R. No. 111262, 1996), the Supreme Court referred to "representation 
aspect" as the identity and majority status of the union that negotiated the CBA as 
the exclusive bargaining representative of the appropriate bargaining unit concerned. 
On the other hand, "[A]ll other provisions" pertains to the rest of the CBA, economic 
as weli as non-economic provisions, except representation.
With the aim of strengthening the fundamental right of the working class to an 
equitable share in the fruits of production, this bill shortens the duration of a CBA from 
five (5) years to three (3) years, making it uniform with the term covering the 
economic and other non-economic provisions of the CBA. By abbreviating the said 
term will assure workers of maximum opportunity to choose the rightful bargaining 
representative and to negotiate for the most beneficial terms and conditions of work 
in a given establishment at a fixed iimited period.
1


In view of the foregoing, the approval of this bill is earnestly sought.
T3
JOSEPH VICTOR G. EJERCITO


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
S. No. 2497
^eiiaie
of the «&>f?t: /
23 NOV 29 fllO :05
RECEIVED BV;
Introduced by Senator Joseph Victor G. Ejercito
AN ACT
ESTABLISHING A REFORM IN THE REGULATION OF COLLECTIVE 
BARGAINING AGREEMENT, AMENDING FOR THE PURPOSE PRESIDENTIAL 
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE 
OF THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
1 
Section 1. Articie 253-A of Presidential Decree No. 442, as amended, otherwise
2 
known as The Labor Code of the Philippines, is hereby further amended to read as
3 
follows:
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"ART. 253-A. Terms of a Collective Bargaining Agreement. - Any Collective
5 
Bargaining Agreement that the parties may enter into shall, insofar as the
6 
representation aspect is concerned, be for a term of [five (5)] THREE (3) years.
7 
No petition questioning the majority status of the incumbent bargaining agent
8 
shall be entertained and no certification election shall be conducted by the
9 
Department of Labor and Employment outside of the sixty-day period
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immediately before the date of expiry of such [five] THREE-year term of the
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Collective Bargaining Agreement. All [ether] provisions of the Collective
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Bargaining Agreement shall [be] REMAIN IN FULL FORCE AND EFFECT
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DURING THE EFFECTIVITY OF THE AGREEMENT [rGncgotiatcd not later
14 
than three (3) years after its execution]. Any agreement on such other provisions
15 
of the Collective Bargaining Agreement entered into within six (6) months from
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the date of expiry of the term of such other provisions as fixed in such Collective


1 
Bargaining Agreement, shail retract to the day immediately following such date.
2 
If any such agreement is entered into beyond six months, the parties shall agree
3 
on the duration of retroactivity thereof. In case of a deadlock in the renegotiation
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of the Collective Bargaining Agreement, the parties may exercise their rights
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under this Code.
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Sec. 2. Within sixty (60) days from the effectivity of this Act, the Secretary of
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Labor and Employment shall promulgate the rules and regulations for its effective
8 
implementation.
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Sec. 3. If any part, section or provision of this Act is declared unconstitutional or
10 
invalid, the other provisions hereof shall remain in full force and effect.
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Sec. 4. Any law, issuance or parts thereof, inconsistent with this Act are hereby
12 
modified accordingly.
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Sec. 5. This Act shall take effect fifteen (15) days after its publication in the
14 
Official Gazette or in a newspaper of general circulation.
Approved,