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
