Defiance of Assumption/Certification Orders

2016 January 11

Once the Secretary of Labor assumes jurisdiction over a labor dispute, a strike, whether actual or intended, is automatically enjoined. If a strike has been declared, the strikers must return to work even if they filed a motion for reconsideration of the assumption order.1ARTICLE 278. (Formerly 263) Strikes, Picketing, and Lockouts. — x x x (g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return to work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. x x x

The moment a striker defies a return-to-work order, he is deemed to have abandoned his job. It is already in itself knowingly participating in an illegal act. Considering that an illegal act was committed, all strikers, whether union officers or plain members, may be declared to have lost their employment status.2ARTICLE 279. (Formerly 264) Prohibited Activities. — (a) x x x Any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status x x x

In this case, the Airline Pilots Association of the Philippines (ALPAP) filed a Notice of Strike on June 5, 1998 and staged a strike against the Philippine Airlines (PAL) on the same day at around 5:30 in the afternoon. The Secretary of the Department of Labor and Employment (DOLE) issued a Return-to-Work Order on 7 June 1998 after failing to to amicably settle the dispute between them. The said order stated:

“WHEREFORE, FOREGOING PREMISES CONSIDERED, all striking officers and members of ALPAP are hereby ordered to return to work within twenty-four (24) hours from receipt of this Order and for PAL management to accept them under the same terms and conditions of employment prior to the strike.


“Our directive to both parties to cease and desist from committing any and all acts that will exacerbate the situation is hereby reiterated.”

ALPAP was served a copy of the Return-to-Work Order on 8 June 1998. Thus, the ALPAP strikers had 24 hours, or until 9 June 1998, to comply with said Order. However, the strikers only reported back to work on 26 June 1998. As a result of their defiance of the DOLE Secretary’s Return-to-Work Order, the strikers lost their employment status as of 9 June 1998.

One pilot, Ruderico C. Baquiran, filed a complaint claiming that he was illegally dismissed from employment. The Supreme Court, however, disagreed for it found no evidence that he complied, or at least, attempted to comply with the Return-to-Work Order. Neither was there a showing that he reported back for work with the other ALPAP members on 26 June 1998. According to the Court, Baquiran cannot be in a better position than the other ALPAP members who belatedly reported for work on 26 June 1998 and were still deemed to have lost their employment. Baquiran simply abandoned his job.

By contrast, the Court reached a different conclusion with regard to another pilot, Gladys L. Jadie, also a complainant in the illegal dismissal case. The Court found that Jadie was on maternity leave during the strike. She did not join the strike and could not be reasonably expected to report back for work by 9 June 1998 in compliance with the Return-to-Work Order. PAL’s act of terminating her employment was accordingly declared illegal.

Further reading:

  • Rodriguez v. Philippine Airlines, Inc., G.R. Nos. 178501 & 178510, January 11, 2016.

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