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.

• Number: Presidential Decree No. 835
• Sections: 7

Preamble

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. 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."

Section 2

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."

Section 3

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."

Section 4

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.

Section 5

SEC. 5. All laws, decrees, general orders and letters

of instructions inconsistent with or contrary with this Decree are

hereby repealed.

Section 6

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