EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
S. N o .__ £7.7
t-i-
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(£>Cu- of ;!)> si fid-vj’
Introduced by SENATOR RAMON BONG REVILUs!/9JR^UL 22 P2 '20
RECi.
AN ACT
RATIONALIZING GOVERNMENT INTERVENTION IN  LABOR DISPUTES BY 
ADOPTING THE ESSENTIAL SERVICES CRITERIA IN  THE EXERCISE OF THE 
ASSUMPTION OR CERTIFICATION POWER OF THE SECRETARY OF LABOR 
AND EMPLOYMENT, AND DECRIMINALIZING VIOLATIONS THEREOF, 
AMENDING FOR THIS PURPOSE PRESIDENTIAL DECREE 442, AS AMENDED, 
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES
EXPLANATORY NOTE
The State guarantees the rights of all workers to self-organization, collective 
bargaining and negotiations, and peaceful concerted activities, including the right to 
strike in accordance with the law. 1 In line with this. Article 278 of the Labor Code of 
the Philippines provides that it is the policy of the State to encourage free trade 
unionism and free collective bargaining. Therefore, it is prohibited to enjoin a strike. 
However, Article 278 provides for some exceptions to this general rule: the Secretary 
of Labor may enjoin a strike when: first, when the industry wherein the strike occurs 
is an indispensable to the national interest. The phrase "indispensable to the national 
interest" is now sought to be rephrased as "essential services." The amendment now 
defines what an essential sen/ice is. It refers to functions or services rendered by an 
establishment which, if interrupted, would endanger the life, personal safety or health 
of the whole or part of the population. Second, a strike can be enjoined in case of 
hospitals as the health and safety of the populace should be protected. The same 
article also provides for an instance when the President is allowed to intervene in a
1 Article XIII, Sec. 3, par. 2,1987 Constitution of the Philippines


labor dispute which is when it involves essential services and only during severe 
national emergencies.
This proposed legislation was approved on Third Reading by the House of 
Representatives in the 17th Congress and transmitted to the Senate in May 2019.
The right to strike springs from the right to self-organization. Since it is given 
a high regard by the highest law of the land, it shall be well-guarded. It is about time, 
therefore, that this measure is strengthened and not left watered-down by time.
Given the foregoing, the immediate passage of this measure is sought.
RAMOl i B7
REVILLA, JR.


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 
6 7 7
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Introduced by SENATOR RAMON BONG REVlUEA^k.22 ?2 2°
AN ACT 
R L
RATIONALIZING GOVERNMENT INTERVENTION IN LABOR DISPUTES BY 
ADOPTING THE ESSENTIAL SERVICES CRITERIA IN THE EXERCISE OF THE 
ASSUMPTION OR CERTIFICATION POWER OF THE SECRETARY OF LABOR 
AND EMPLOYMENT, AND DECRIMINALIZING VIOLATIONS THEREOF, 
AMENDING FOR THIS PURPOSE PRESIDENTIAL DECREE 442, AS AMENDED, 
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Article 278 of the Labor Code is hereby amended to read as follows:
2 
"ART. 278. Strikes, picketing, and lockouts. -  (a) It is the policy
3 
of the State to encourage free trade unionism and free collective
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bargaining.
5 
"(b) Workers shall have the right to engage in concerted activities
6 
for purposes of collective bargaining or for their mutual benefit and
7 
protection. The right of legitimate labor organizations to strike and
8 
picket and of employers to lockout [-, consistent with the national
9 
mterest-;] shall continue to be recognized and respected. However, no
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labor union may strike and no employer may declare a lockout on
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grounds involving inter-union and intra-union disputes.
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"(c) In cases of bargaining deadlocks, the duly certified or
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recognized bargaining agent may file a notice of strike or the employer
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may file a notice of lockout with the [Ministry] DEPARTMENT OF
15 
LABOR AND EMPLOYMENT at least THIRTY (30) days before the
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intended date thereof. In cases of unfair labor practice, the period of


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notice shall be FIFTEEN (15) days and in the absence of a duly certified 
or recognized bargaining agent the notice of strike may be filed by any 
legitimate labor organization in behalf of its members. However, in case 
of dismissal from employment of union officers duly elected in 
accordance with the union constitution and by-laws, which may 
constitute union busting, where the existence of the union is threatened, 
the FIFTEEN (15)-day cooling off period shall not apply and the union 
may take action immediately.
"(d) The notice must be in accordance with such implementing 
rules and regulations as the [Minister] SECRETARY of Labor and 
Employment may promulgate.
"(e) During the cooling-off period, it shall be the duty of the 
[Ministry] DEPARTMENT OF LABOR AND EMPLOYMENT to exert all 
efforts at mediation and conciliation to effect a voluntary settlement. 
Should the dispute remain unsettled until the lapse of the requisite 
number of days from the mandatory filing of their notice, the labor union 
may strike or the employer ay declare a lockout.
"(f) A decision to declare a strike must be approved by a majority 
of the total union membership in the bargaining unit concerned, 
obtained by secret ballot in meetings or referenda called for that 
purpose. A decision to declare a a lockout must be approved by a 
majority of the board of directors of the corporation or association or of 
the partners in a partnership [7] obtained by a secret ballot in a meeting 
called for that purpose. The decision shall be valid for the duration of 
the dispute based on substantially the same grounds considered when 
the strike or lockout vote was taken. The [Ministry] DEPARTMENT OF 
LABOR AND EMPLOYMENT may, at its own initiative or upon the 
request of any affected party, supervise the conduct of the secret 
balloting. In every case, the union or the employer shall furnish the 
[Ministry] DEPARTMENT OF LABOR AND EMPLOYMENT the results 
of the voting at least seven (7) days before the intended strike or 
lockout, subject to the cooling-off period herein provided.


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"(g) When [>in his opinion] there exists a labor dispute causing 
or likely to cause a strike or lockout in an industry [mdisponsablo to the 
national 
interest,] 
ENGAGED IN 
ESSENTIAL SERVICES, the 
Secretary of Labor and Employment may assume jurisdiction over the 
dispute [and decide it or certify the same to the Commission for 
eompulGory arbitration] PROVIDED THAT ANY OF THE FOLLOWING 
CONDITIONS IS PRESENT:
1. BOTH PARTIES HAVE REQUESTED THE SECRETARY OF LABOR 
AND EMPLOYMENT TO ASSUME JURISDICTION OVER THE 
LABOR DISPUTE; OR
2. UPON REQUEST OR PETITION BY EITHER PARTIES OR MOTU 
PROPRIO ON THE PART OF THE SECRETARY OF LABOR AND 
EMPLOYMENT AFTER A CONFERENCE CALLED BY THE OFFICE 
OF THE SECRETARY ON THE PROPRIETY OF ITS ISSUANCE HAS 
BEEN CONDUCTED.
IN SUCH A CASE, THE SECRETARY OF LABOR AND 
EMPLOYMENT MAY DECIDE OR CERTIFY THE LABOR DISPUTE 
TO THE NATIONAL LABOR RELATIONS COMMISSION FOR 
COMPULSORY 
ARBITRATION 
OR 
TO 
A 
VOLUNTARY 
ARBITRATOR OR PANEL OF VOLUNTARY ARBITRATORS.
[Such] SAID assumption OF JURISDICTION [or certification] 
shall have the effect of automatically enjoining [the intended or] AN 
impending strike or lockout [as Gpccified in the assumption or 
certification order]. If [one] A STRIKE OR LOCKOUT has already taken 
place at the time of assumption [or certification], all striking or locked 
out employees AND OTHER EMPLOYEES SUBJECT OF THE NOTICE 
OF STRIKE OR LOCKOUT shall immediately return to vjork and the 
employer shall immediately resume operations and readmit all [workers] 
EMPLOYEES under the same terms and conditions prevailing before 
the strike or lockout. [The Secretary of Labor and Employment or the 
Commission may seek the assistance of law enforcement agencies to


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ensure compliance with this provision qg well qg with such orders os he 
may issue-to enforce-the same.
"In -line with the national concern for and the highest respect 
aeeorded to the right of patients to life and health, strikes and lockouts 
In hospitals, clinics and similar medical institutions shall, to every extent 
possible, be avoided; and all serious efforts, not only by labor and 
management but government as well, bo exhausted to substantially 
minimize, if not prevent, their adverse effects -on such life and health.
through the exercise, however legitimate, by labor of its right to strike 
and by management to lockout. In labor disputes affecting the 
continued operation of such hospitals, clinics or medical institutions, it 
shall be the duty of the striking union or locking-out employer to provide 
and-maintain an effective skeletal workforce of medical and other health 
personnel, whose movement and services shall be unhampered and 
w restricted, as are necessary to insure the proper and adequate 
protection of the life and health of its patients, most especially 
emergency-cases, for the duration of the strike or lockout. In such cases, 
therefore, the Secretary of Labor-and Employment may-tmmediately 
assume,—with in twenty four (24) hours from knowledge of the 
occurrence of such a strike or lockout, ju risdiction over the some or 
certify it to the Commission for compulsory arbitration. For this purpose, 
the contending parties are strictly enjoined to comply with such orders, 
prohibitions and/or injunctions os-are issued by the Secretary of Labor 
and- Employment or the Commission, -under pain of immediate 
disciplinary action, including dismissal or loss of employment status or 
payment by the locking-out employer of backwages, damages and other 
affirmative relief, even criminal prosecution against either or both of 
them.]
ESSENTIAL 
SERVICES 
REFER 
TO 
FUNCTIONS 
OR 
SERVICES RENDERED BY AN ESTABLISHMENT WHICH, IF 
INTERRUPTED, WOULD ENDANGER THE LIFE, PERSONAL 
SAFETY OR HEALTH OF THE WHOLE OR PART OF THE


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POPULATION. FOR THIS PURPOSE, THE SECRETARY OF LABOR 
AND EMPLOYMENT, BY APPROPRIATE REGULATIONS, SHALL 
DETERMINE 
THE 
INDUSTRIES 
ENGAGED 
IN 
ESSENTIAL 
SERVICES AFTER CONSULTATIONS WITH THE NATIONAL 
TRIPARTITE INDUSTRIAL PEACE COUNCIL.
IN LABOR DISPUTES AFFECTING INDUSTRIES ENGAGED 
IN  ESSENTIAL SERVICES, IT  SHALL BE THE DUTY OF THE 
UNION AND EMPLOYER TO PROVIDE AND MAINTAIN THE 
OPERATION 
OR 
DELIVERY OF 
SERVICES. 
IN 
CASE 
OF 
HOSPITALS, CLINICS OR MEDICAL INSTITUTIONS, THE UNION 
AND 
EMPLOYER 
SHALL 
PROVIDE 
AND 
MAINTAIN 
AN 
EFFECTIVE 
AND 
FUNCTIONAL 
WORKFORCE 
WHOSE 
MOVEMENT AND SERVICES SHALL BE UNHAMPERED AND 
UNRESTRICTED AS ARE NECESSARY TO ENSURE THE PROPER 
AND ADEQUATE PROTECTION OF THE LIFE, PERSONAL SAFETY, 
AND HEALTH OF THEIR PATIENT, MOST ESPECIALLY IN 
EMERGENCY CASES, FOR THE DURATION OF THE LABOR 
DISPUTE.
"The foregoing notwithstanding, the President of the Philippines 
shall not be precluded from determining the industries that [—io-his 
opinion, arc indlGpcnsablG to the national interest] ARE ENGAGED IN 
ESSENTIAL SERVICES and from intervening at any time and 
assuming jurisdiction over any such labor dispute in order to settle or 
terminate the same DURING SEVERE NATIONAL EMERGENCIES.
(h) [Before or at any stage of the compulsory arbitration process, 
the parties may opt -to submit their dispute to voluntary arbitration] 
W ITHIN 
FIVE (5) 
DAYS FROM THE ISSUANCE OF THE 
ASSUMPTION OF JURISDICTION OR CERTIFICATION ORDER, A 
PRELIMINARY 
CONFERENCE 
OR 
HEARING 
SHALL 
IMMEDIATELY BE CONDUCTED BY THE OFFICE OF THE 
SECRETARY OF LABOR AND EMPLOYMENT, THE NATIONAL 
LABOR 
RELATIONS 
COMMISSION 
OR 
THE 
VOLUNTARY


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1
ARBITRATOR OR PANEL OF VOUNTARY ARBITRATORS, AS THE 
CASE MAY BE.
(i) [The Secretary of Labor and Employment, the CommiGGion or 
the voluntary arbitrator or ponel of voluntory arbitrotors Ghall decide or 
resolve the diopute within thirty (30) calendar dayg from the date of the 
assumptiorr-of jurisdiction or the certificotion or submission of the 
dispute, as the case may be. The decision of the-President, the Secretary 
of Labor and Employment, the Commission or the voluntary arbitrator 
Of^panel of voluntary arbitrators-shall bo final and executory ton (10) 
eaiendar days after receipt thereof by the parties.] IN CASE OF 
ACTUAL OR IMPENDING STRIKE OR LOCKOUT IN INDUSTRIES 
THAT ARE NOT ENGAGED IN ESSENTIAL SERVICES, THE 
SECRETARY OF LABOR AND EMPLOYMENT MAY ASSUME 
JURISDICTION UPON JOINT REQUEST OF BOTH PARTIES IN 
THE LABOR DISPUTE AFTER THE MANDATORY CONCILIATION. 
EITHER OR BOTH PARTIES MAY ALSO OPT TO SUBMIT TO 
COMPULSORY OR VOLUNTARY ARBITRATION.
Sec. 2. Article 279 of the Labor Code is hereby amended to read as follows:
"ART. 279. Prohibited activities. -  (a) No labor organization or 
employer shall declare a strike or lockout without first having bargained 
collectively in accordance with Title VII of this Book or without first 
having filed the notice required in the preceding Article or without the 
necessary strike or lockout vote first having been obtained and reported 
to the [Ministry] DEPARTMENT OF LABOR AND EMPLOYMENT.
"No strike or lockout shall be declared after assumption of 
jurisdiction by the President or the [Minister] SECRETARY or after 
certification or submission of the dispute to the compulsory or voluntary 
arbitration or during the pendency of cases involving the same grounds 
for the strike or lockout.
"Any worker whose employment has been terminated as a 
consequence of an [unlawful] ILLEGAL lockout shall be entitled to 
reinstatement with full back wages. [Any union officer who knowingly


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participates-in - an iHegal- Gtriko and any worker or union officer who 
knowingly participates in the commission of illegal acts during- strike 
may be declared to have lost his employment status: Providod,-^^^^ m ] 
Mere participation of a worker OR UNION OFFICER in a [lawful] strike 
DECLARED ILLEGAL FOR FAILURE OF THE UNION TO COMPLY 
W ITH  PROCEDURAL REQUIREMENTS UNDER PARAGRAPH (A ) 
OF THIS ARTICLE shall not [constituto-sufficicnt] BE A ground for 
termination of his employment, even if a replacement had been hired 
by the employer during such [lawful] ILLEGAL strike.
"(b) No person shall obstruct, impede [7] or interfere with by 
force, 
violence, 
coercion, 
threats or 
intimidation 
any 
peaceful 
CONCERTED ACTION INCLUDING picketing by employees during 
any labor controversy or in the exercise of the right [ef] TO self­
organization or collective bargaining[7] or shall aid or abet such 
obstruction or interference.
"ANY WORKER OR UNION OFFICER WHO KNOWINGLY 
PARTICIPATES IN  THE COMMISSION OF UNLAWFUL ACTS 
DURING A STRIKE MAY, AFTER DUE PROCESS, BE DECLARED 
TO HAVE LOST ONE'S EMPLOYMENT.
"(c) No employer shall use or employ any strike-breaker [7] nor 
shall any person be employed as a strike-breaker.
"(d) No public official or employee, including officers and 
personnel of the [New] Armed Forces of the Philippines or the 
[Integrated] PH ILIPPINE National Police [7] or armed person, 
PRIVATE SECURITY GUARDS AND SIM ILAR  PERSONNEL IN  THE 
PRIVATE SECURITY AGENCY shall [bring in,] introduce or escort in 
any manner [any Individual who seeks to replace strikers in entering or 
leaving the prcmiscs-of a strike area, or work in place of the strikers] 
REPLACEMENT WORKERS. The police force shall keep out of the 
picket lines unless actual violence or other criminal acts occur therein[r 
Provided, That nothing herein shall be interpreted to prevent any public


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officer from taking any-mcasurc ncccsGary to maintain peace and order, 
protect life-ertd property, and/or enforce the law and-legal order].
"HOWEVER, 
THE 
SECRETARY 
OF 
LABOR 
AND 
EMPLOYMENT 
OR 
THE 
NATIONAL 
LABOR 
RELATIONS 
COMMISSION 
MAY 
SEEK 
THE 
ASSISTANCE 
OF 
LAW 
ENFORCEMENT AGENCIES TO MAINTAIN PEACE AND ORDER, 
PROTECT LIFE AND PROPERTY, AND ENFORCE THE LAW AND 
LEGAL ORDER.
"(e) No person engaged in picketing shall commit any act of 
violence, coercion or intimidation or obstruct the free ingress to or 
egress from the employer's premises for lawful purposes[7] or obstruct 
public thoroughfares."
Sec. 3. Article 287 of the Labor Code is hereby further amended to read as
follows:
"Article 287. [Penalties] FINES. -  (a) Any person, EMPLOYER, 
ORGANIZATION OR CORPORATION FOUND violating any of the 
provisions of Article 279 of this Code shall be [ponlshod by a] fineD [of] 
not less than [one thousand pesos P 1,000.00)] TEN THOUSAND 
PESOS 
(P10,000.00) 
nor 
more 
than 
[ten— thousand— pesos 
(P10,000.QO)-nand or imprisonment for not less thar> three (3) months 
nor more than three (3) years, or both-such fine and imprisonment,] 
ONE 
HUNDRED THOUSAND 
PESOS (P100,000.00) 
at the 
discretion 
of 
the 
[eowt] 
NATIONAL 
LABOR 
RELATIONS 
COMMISSION. [Prosecution under this provision shaH- precludc 
prosecution for the same act under the Revised Penal Code, and vise 
versa.]
"(b) Upon the recommendation of the [Minister] SECRETARY of 
Labor and Employment and the [Minister] SECRETARY of National 
Defense, foreigners who violate the provisions of this Title shall be 
subject to immediate and summary deportation by the [Commission on] 
BUREAU OF immigration [and-Deportation] and shall be permanently


1 
barred from reentering the country without the special permission of the
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President of the Philippines.
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"(C) THE REGULAR COURTS SHALL HAVE JURISDICTION
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OVER ANY CRIMINAL ACTION ARISING FROM VIOLATION OF
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ANY OF THE PROCISIONS OF ARTICLE 279 OF THIS CODE BUT
6 
SUBJECT 
TO 
THE 
REQUIRED 
CLEARANCE 
FROM 
THE
7 
DEPARTMENT OF LABOR AND 
EMPLOYMENT ON 
CASES
8 
ARISING OUT OF OR RELATED TO A LABOR DISPUTE.
9 
"NO CRIMINAL PROSECUTION UNDER ARTICLE 279 OF
10 
THIS 
CODE 
MAY 
BE 
INSTITUTED 
WITHOUT 
A 
FINAL
11 
JUDGEMENT THAT AN ILLEGAL STRIKE OR LOCKOUT HAS BEEN
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COMMITTED. THE PRESCRIPTION PERIOD OF THE CRIMINAL
13 
OFFENSE SHALL BE CONSIDERED INTERRUPTED DURING THE
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PENDENCY OF ADMINISTRATIVE PROCEEDINGS: PROVIDED,
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HOWEVER, THAT THE FINAL JUDGEMENT IN THE SAID
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PROCEEDINGS SHALL NOT BE BINDING IN THE CRIMINAL CAS
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NOR SERVE AS AN EVIDENCE OF GUILT.
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"(D ) COMPLAINTS ON ACTS OR OMISSIONS OF THE PNP
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OR THE AFP PERSONNEL OR PUBLIC PROSECUTORS IN
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VIOLATION OF ARTICLE 279 OF THIS CODE SHALL BE FILED
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WITH THEIR RESPECTIVE AGENCIES WITHOUT PREJUDICE TO
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THE FILING OF THE APPROPRIATE CASES BEFORE THE
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OMBUDSMAN."
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Sec. 4. The Secretary of Labor and Employment shall promulgate the necessary
25 
rules and regulations to implement the provisions of this Act.
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Sec. 5. If any part or provision of this Act is declared unconstitutional or invalid,
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the remainder of this Act or the provisions not otherwise affected shall remain valid
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and subsisting.
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Sec. 6. All laws, presidential decrees, proclamations, executive orders,
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issuances, rules and regulations, or any part thereof inconsistent with the provisions
31 
of this Act are hereby repealed, amended or modified accordingly.


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Sec. 7. This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in a newspaper or general circulation.
Approved,
10