I

Republika ng Pilipinas

KAGA\VARAN NG KATARUNGAN
Department of Justice
Manila

LML-MC-22DI..Je ..
f1 , M '?H O~ JUg',
Li'-}f'C, .. ,. ,

22

April

2014

~Y---""""'"

~1MAY 1,3 2014

- ---.....
~

.-j.

~;3U

;.,

MEMOIUNDUJ\1 CIRCULAR No._O_1_I_ti

SUBJECT:

REITERATION FOR COMPLIANCE WITH

"GUIDELINES ON THE CONDUCT OF THE
DOLE, DILG, DND, DOJ, AFP AND PNP
RELATIVE
TO
THE
EXERCISE
OF
WORIffiRS'
RIGHTS and ACTIVITIES"

dated 7 May

2012. '

Whereas, the "Guidelines on the Conduct of the DOLE,

DJLG, DND, DOJ, AFP and PNP Relative to the Exercise of
Workers'Rights and Activities", dated 7 May 2012 (hereinafter
the Guidelines) was issued to promote the effective exercise of
workers' and trade unionists' rights and to address violence and
threats against them, including the reports and/or allegations of
militarization of workplaces and impunity;
Whereas, the Guidelines prescribed the official conduct of the
above-mentioned agencies when these workers and trade unionists
exercise their civil rights, which include, inter alia, the freedom of
association and the right to political dissent within the bounds of law;
Whereas, Title XIP of the Guidelines requires all prosecutors to first
secure clearance from the DOLE and/or Office of the President before
I The Title reads in full:
"XII.
DOLE
CLEARANCE
PRIOR
PRELIMINARY INVESTIGATION

TO

TAKING

COGNiZANCE

OF

COMPLAINTS

FOR

Recognizing the primary jurisdiction

of DOLE over labor disputes and pursuant In the DO.! Circular No.
15, Series of 1982, and Circular No.9, Series of 1986, fiscals and other government prosecutors shall first
seCl~re.c1ear~nce [r.om .the DOLE a~l~!or .Office of the President "b~for~ taking ~ogni~ar:ce of cL~l1lplaints for
preliminary investigauon
and the filing 111 court of the corresponding
information of cases arrsmg out of or

D
I

taking cognizance of complaints for preliminary investigation and the

filing in court: of the corresponding information of cases arising out of
or related to a labor dispute.
WheJ'eas, the attention

of the Department of Justice has been

invited by stakeholders of the need to remind prosecutors of these
Guidelines.
in reiteration of the Guidelines, strict observance by
prosecutors of the prescribed conduct therein, especially Title XII
thereof, is hereby enjoined. All prosecutors must first secure
clearance from the DOLE and/ or Office of the President before taking
cognizance of complaints for preliminary investigation and the filing
in court of the corresponding information of cases arising out of or
related to a labor dispute.
Therefore,

For strict compliance.

/tv~_J.M~
LEI

IVI. DE LiMA

Secretary

Department at Justic
''':'J. >~:-LC-':l':1
,

nl::t
I'!=P: lliiilpi
.11",
.: -,.:,":',
",1'1"

relate-' (() a labor dispute," including cases with "allegations of violence, coercion, physical injuries, assault
upon a person in authority and other similar acts of intimidation obstructing the free ingress to and cgn;s~;
from a factory or place of operation of the machines of such factory, or the employer's
premises."