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PRESIDENTIAL DECREE NO. 835
PRESIDENTIAL DECREE NO. 835 -
AMENDING PRESIDENTIAL DECREE NO. 823, STRENGTHENING FREE COLLECTIVE
BARGAINING AND TRADE UNIONISM WITHIN THE FRAMEWORK OF VOLUNTARY AND
COMPULSORY ARBITRATION, PROHIBITING STRIKES AND LOCKOUTS DURING THE
PERIOD OF NATIONAL EMERGENCY AND REGULATING FOREIGN ACTIVITIES IN THE
LABOR FIELD
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WHEREAS,
Presidential Decree No. 823 was intended, among other things, to
regulate, in the interest of national security and sovereignty, the
activities of aliens and foreign, organizations in relation to trade
union activities, including friends of the country whose concern for
the welfare of Filipino workers is deeply appreciated; and
WHEREAS, it has been found necessary on the basis of tripartite
consensus of government, labor and management, to reflect more clearly
the spirit and intention of Presidential Decree No. 823 in this regard
and to provide in unequivocal terms the appropriate punitive sanctions
to be imposed for violations of the provisions of said Presidential
Decree.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree as follows:cralaw:red
Section 1. Section 1 of Presidential Decree No. 823
is hereby amended to read as follows:cralaw:red
"Sec. 1. It is the policy of the state to encourage
trade unionism and free collective bargaining within the framework
compulsory and voluntary arbitration, and therefore all forms of
strikes, picketings, and lockouts, are hereby strictly prohibited. This
provision shall be coterminous with the national emergency."
Section 2. Section 8 of Presidential Decree No. 823,
is hereby amended to read as follows:cralaw:red
"Sec. 8. No foreign individual, organization or
entity may give any donations, grants or other forms of assistance, in
cash or in kind, directly or indirectly, or any labor organization,
group or workers or any auxiliary thereof, such as cooperatives, credit
unions and institutions engaged in research, education or
communication, in relation to trade union activities without prior
permission by the Secretary of Labor.
"This prohibition shall equally apply to foreign donations, grants or
other forms of assistance, in cash or in kind, given directly or
indirectly to any employer or employer's organizations to support any
activity or activities affecting trade unions.
"No Filipino individual, organization or entity may act as agent,
representative or channel of foreign donations, grants or other forms
of assistance in relation to trade union activities without a previous
written permission from the Secretary of Labor.
"The Secretary of Labor shall promulgate rules and regulations to
regulate and control the giving and receiving of such donations,
grants, or other forms of assistance, including the mandatory reporting
of amounts of donations or grants, the specific recipients thereof, the
projects or activities proposed to be supported and their duration."
Section 3. Section 11 of Presidential Decree No. 823
is hereby amended to read as follows:cralaw:red
"Sec. 11. Any person violating Section 1 of
Presidential Decree No. 823 as amended by this Decree, shall forthwith
be arrested and taken into custody and held for the duration of the
national emergency or until he or she is otherwise ordered released by
me or by my duly designated representative.
"Except as otherwise provided herein, violations of the other
provisions of Presidential Decree No. 823, as amended by this Decree,
shall be punished with a fine of not less than P1,000 nor more than
P10,000 and/or imprisonment for the duration of the violation of
non-compliance or until such time that rectification of the violation
has been made pursuant to Article 278 of Presidential Decree No. 442,
otherwise known as the Labor Code of the Philippines."
Section 4. Presidential Decree No. 823 as amended by
this Decree shall form part of the Labor Code of the Philippines.
Appropriate captions for each section or article shall be provided.
Section 5. All laws, decrees, general orders and
letters of instructions inconsistent with or contrary with this Decree
are hereby repealed.
Section 6. This Decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 27th day of November, in the year of Our Lord, nineteen hundred
and seventy-five.
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Since 19.07.98
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