Presidential Decree No. 835 (PD 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.
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:
SECTION 1. Section 1 of Presidential Decree No. 823 is
hereby amended to read as follows:
"SEC. 1. It is the policy of the state to encourage trade
unionism and free collective bargaining within the framework of
compulsory and voluntary arbitration, and therefore all forms of
strikes, picketings, and lockouts, are hereby strictly prohibited. This
provision shall be co-terminus with the national emergency."
SEC. 2. Section 8 of Presidential Decree No. 823, is hereby
amended to read as follows:
"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, to any labor organization, group of
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."
SEC. 3. Section 11 of Presidential Decree No. 823 is
hereby amended to read as follows:
"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 or
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."
SEC. 4. Presidential Decree No. 823 as amended by this
Decree shall form part of the Labor Code of the Philip-pines.
Appropriate captions for each section or article shall be provided.
SEC. 5. All laws, decrees, general orders and letters
of instructions inconsistent with or contrary with this Decree are
hereby repealed.
SEC. 6. This Decree shall take effect
immediately.
Done in the City of Manila, this 27th day of November, in the
year of Our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
JACOBO C. CLAVE
Presidential Executive Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
