Formation, maintenance and prohibition of combination of capital or labor through violence or threats, Revised Penal Code

1. Concept and legal basis

Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or threats. – The penalty of arresto mayor and a fine not exceeding Sixty thousand pesos (₱60,000) shall be imposed upon any person who, for the purpose of organizing, maintaining or preventing coalitions of capital or labor, strike of laborers or lock-out of employers, shall employ violence or threats in such a degree as to compel or force the laborers or employees in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of this Code. (Act 3815, Revised Penal Code, as amended by R.A. 10951)

2. Elements of the offense

Elements of the offense:

1) The offender employs violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work;

2) It is for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock-out of employees; and,

3) The acts do not constitute a more serious offense in accordance with the provisions of the Revised Penal Code. (Article 289, Act No. 3815, Revised Penal Code)

References

Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code

/Updated: January 18, 2023

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