Human Barricades and Obstructions for Collective Self-Defense

2020 January 22

On 16 February 2000, the Manila Electric Company (MERALCO) Employees and Workers Association (MEWA), the official bargaining unit of MERALCO, through its former President, Juanito, filed a Notice of Strike with the National Conciliation Mediation Board (NCMB) due to bargaining deadlock.

After conducting a strike vote in June 2000, Juanito informed the NCMB Administrator of its result in a Letter dated 12 July 2000. The letter was served through registered mail on 17 July 2000.

After 4 days, or on 21 July 2000, MEWA staged a strike. Record showed that the following persons joined the strike:

UNION OFFICERSUNION MEMBERS
FedericoMarcelo
CatalinoGerardo
RomeoRolando
DonatiloEdgardo
AllanLeonides
ArturoAmadeo
RestitutoMelandro
Dominador
Lito
Arnaldo
Edwin

The Secretary of the Department of Labor and Employment issued an Assumption Order dated 21 July 2000, assuming jurisdiction and directing the striking workers to return to work within 24 hours from notice. Copies of the order were published in 3 major newspapers on 23 July 2000 and served to union officers and its lawyers. MERALCO’s security guards also exhibited the order to the strikers but they refused to obey.

On 24 July 2000, several strikers wearing masks chained and padlocked the 3 gates of the MERALCO Center. They laid on the pavement and blocked the entry and exit gates of MERALCO. The strikers stated that they formed human barricades and placed obstructions, but only for collective self-defense because the guards used unnecessary force in dispersing them. Consequently, on 25 July 2000, the Secretary of the Department of Labor and Employment issued another Order reminding the parties to comply with the return-to-work order. He even deputized the PNP Chiefs of the National Capital Region, Region III and Region IV to ensure compliance.

On 2 August 2000, MEWA and MERALCO executed an Agreement directing all employees who have not been placed on duty (except the 13 union officers and 13 members who were facing charges) to report for work. MERALCO also issued a Memorandum stating that the resumption of office was without prejudice to an administrative investigation for prohibited acts committed during the strike and/or defiance of the Assumption Orders. From 2 August to 11 October 2000, 66 employees were terminated from employment.

Was the strike illegal?

Yes.

The Supreme Court stated that a strike is the most powerful weapon of workers in coming to an agreement with management as to the terms and conditions of employment. Premised on the concept of economic war between labor and management, staging a strike either gives life to or destroys the labor union and its members, as well as affect management and its members.1Phimco Industries, Inc. v. Phimco Industries Labor Association, G.R. No. 170830, August 11, 2010, 642 PHIL 275-307

The Court added that in order to be legitimate, a strike should not be antithetical to public welfare, and must be pursued within legal bounds. The right to strike as a means of attaining social justice is never meant to oppress or destroy anyone, least of all, the employer.2Phimco Industries, Inc. v. Phimco Industries Labor Association, G.R. No. 170830, August 11, 2010, 642 PHIL 275-307 Since strikes affect not only the relationship between labor and management, but also the general peace and progress of the community, the law has provided limitations on the right to strike.3Phimco Industries, Inc. v. Phimco Industries Labor Association, G.R. No. 170830, August 11, 2010, 642 PHIL 275-307 According to the Court, Article 2634Art. 263. Strikes, picketing and lockouts of the Labor Code, as amended by Republic Act (R.A.) No. 6715, and Rule XXII, Book V of the Omnibus Rules Implementing the Labor Code outline the following procedural requirements for a valid strike:

  • A notice of strike, with the required contents, should be filed with the DOLE, specifically the Regional Branch of the NCMB, copy furnished the employer of the union;
  • A cooling-off period must be observed between the filing of notice and the actual execution of the strike thirty (30) days in case of bargaining deadlock and fifteen (15) days in case of unfair labor practice. However, in the case of union busting where the unions existence is threatened, the cooling-off period need not be observed. x x x
  • Before a strike is actually commenced, a strike vote should be taken by secret balloting, with a 24-hour prior notice to NCMB. The decision to declare a strike requires the secret-ballot approval of majority of the total union membership in the bargaining unit concerned.
  • The result of the strike vote should be reported to the NCMB at least seven (7) days before the intended strike or lockout, subject to the cooling-off period. (emphasis supplied)

Jurisprudence5Pilipino Telephone Corp. v. Pilipino Telephone Employees Association, G.R. Nos. 160058 &160094, June 22, 2007, 552 PHIL 432-452 teaches that these requirements are mandatory in nature and failure to comply therewith renders the strike illegal.

In the present case, the Court found that MEWA failed to comply with the 7-day strike ban rule which was counted from the time the union furnished the NCMB the strike vote result. It also found that MEWA also failed to furnish the NCMB the results of the vote at least 7 days before the intended strike. The Court noted that although the letter containing the strike vote result was dated 12 July 2000, it was sent through registered mail only on 17 July 2000, which was 4 days before the strike. The Court stressed that the NCMB thus did not have sufficient time to determine if the intended strike was approved by majority of the union workers. For the Court, the strike was illegal.

Was the dismissal of strikers from employment valid?

The Court relied on Article 264 of the Labor Code which enumerates the prohibited acts during a strike, to wit:

ARTICLE 264. 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.
No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister or after certification or submission of the dispute to 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 any unlawful lockout shall be entitled to reinstatement with full backwages. 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: Provided, That mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment, even if a replacement had been hired by the employer during such lawful strike.
x x x
(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, or obstruct public thoroughfares. (emphasis supplied)

The Court explained that the above-cited provision of the Labor Code presents a substantial distinction between the consequences of an illegal strike for union officers and mere members of the union. For union officers, knowingly participating in an illegal strike is a valid ground for termination of their employment. However, for union members who participated in an illegal strike, their employment may be terminated only if there is substantial evidence or proof that they committed prohibited and illegal acts during the strike.6Magdala Multipurpose & Livelihood Cooperative v. Kilusang Manggagawa ng LGS, G.R. Nos. 191138-39, October 19, 2011, 675 PHIL 861-877

In the present case, the Court declared the dismissal of the following union officers valid considering the illegality of the 21 July 2000 strike for noncompliance with the law:

  • Federico;
  • Catalino;
  • Romeo;
  • Donatilo;
  • Allan;
  • Arturo; and
  • Restituto.

Furthermore, the Court found substantial evidence proving that the following union members performed some of the prohibited acts mentioned in Article 264 of the Labor Code:

  • Marcelo;
  • Gerardo;
  • Rolando;
  • Edgardo;
  • Leonides;
  • Amadeo;
  • Melandro;
  • Dominador; and
  • Lito.

The Court stated that photographs submitted by MERALCO revealed that these union members committed the prohibited acts, which were then corroborated by security guards who were present during the strike. The Court stressed that the security guards identified the said members to have barricaded the gates and prevented other employees from entering MERALCO’s premises. The Court accordingly declared their dismissal valid for their illegal acts during the illegal strike.

However, the Court reached a different conclusion with regard to 2 union members (Arnaldo and Edwin), since it found that the testimonies of the security guards revealed that they only saw these members joining the picket line without performing any illegal act during the strike.

The Court reiterated the proof required to terminate union members, to wit:

For the rest of the individual respondents who are union members, the rule is that an ordinary striking worker cannot be terminated for mere participation in an illegal strike. There must be proof that he or she committed illegal acts during a strike. In all cases, the striker must be identified. But proof beyond reasonable doubt is not required. Substantial evidence available under the attendant circumstances, which may justify the imposition of the penalty of dismissal, may suffice. Liability for prohibited acts is to be determined on an individual basis7Solidbank Corporation v. Gamier, G.R. Nos. 159460 & 159461, November 15, 2010, 649 PHIL 54-83.

For the Court, absent any clear, substantial and convincing proof of illegal acts committed by Arnaldo and Edwin during the strike, MERALCO could not arbitrarily dismiss them from employment.

Should Arnaldo and Edwin be granted backwages?

No, the Court ruled that they should not be granted backwages in view of the illegality of the said strike.

The Court reiterated the principles in G & S Transport Corporation v. Infante,8G & S Transport Corporation v. Infante, G.R. No. 160303, September 13, 2007, 559 PHIL 701-716 where the Court held:

It can now therefore be concluded that the acts of respondents do not merit their dismissal from employment because it has not been substantially proven that they committed any illegal act while participating in the illegal strike. x x x
x x x
With respect to backwages, the principle of a “fair day’s wage for a fair day’s labor” remains as the basic factor in determining the award thereof. If there is no work performed by the employee there can be no wage or pay unless, of course, the laborer was able, willing and ready to work but was illegally locked out, suspended or dismissed or otherwise illegally prevented from working. While it was found that respondents expressed their intention to report back to work, the latter exception cannot apply in this case. In Philippine Marine Officers’ Guild v. Compañia Maritima, as affirmed in Philippine Diamond Hotel and Resort v. Manila Diamond Hotel Employees Union, the Court stressed that for this exception to apply, it is required that the strike be legal, a situation that does not obtain in the case at bar9G & S Transport Corporation v. Infante, G.R. No. 160303, September 13, 2007, 559 PHIL 701-716.

Accordingly, the Court ruled although Arnaldo and Edwin N. Reyes could be reinstated, they are not entitled to backwages.

Further reading:

  • Ilagan v. Manila Electric Co., G.R. Nos. 211746 & 212077, January 22, 2020.