Formation, maintenance, prohibition of combination of capital or labor, A289 Revised Penal Code

1. Concept

Formation, maintenance, and prohibition of combination of capital or labor through violence or threats – under the Revised Penal Code, refers to the crime of employing 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 for the purpose of organizing, maintaining or preventing coalitions of capital or labor, strike of laborers or lock-out of employers.

a. 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 (P60,000) 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. (As amended by R.A. 10951)

(NB: If the article has been amended by legislation or has been the subject of a Supreme Court decision which may have impacted how it is interpreted, do let us know so we can consider for the next update of this article. See: Contact Us)

2. Modes of commission

The following are the modes of committing the offense:

1) Formation, maintenance, and prohibition of combination of capital or labor through violence or threats

a. Mode 1: Lorem

Elements of the crime of formation, maintenance, and prohibition of combination of capital or labor through violence or threats:

1) That the offender employed 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;

2) That the offender committed such act for the purpose of organizing, maintaining or preventing coalitions of capital or labor, strike of laborers or lock-out of employers;

3) That such act does not constitute a more serious offense in accordance with the provisions of [the Revised Penal Code.] (REVISED PENAL CODE, Article 289)

See related:

• Employee’s right to self-organization

1) Element 1: Violence or threats

For the 1^st element, the offender employed 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.

Violence – refers to “the use of physical force so as to injure, abuse, damage, or destroy”. (Merriam-Webster Online Dictionary)

Threats – refers “an expression of intention to inflict evil, injury, or damage.” (Merriam-Webster Online Dictionary)

2) Element 2: Organizing, maintaining, preventing coalitions of capital or labor, etc.

For the 2^nd element, the offender committed such act for the purpose of organizing, maintaining or preventing coalitions of capital or labor, strike of laborers or lock-out of employers.

The offender’s purpose for employing such violence or threats is either –

1) To organize coalitions of capital or labor, strike of laborers or lock-out of employers;

2) To maintain coalitions of capital or labor, strike of laborers or lock-out of employers; or

3) To prevent coalitions of capital or labor, strike of laborers or lock-out of employers.

Thus, the offender intends to control coalitions of capital or labor by either organizing/maintaining such coalition or preventing thereof.

3) Element 3: Not a more serious RPC offense

For the 3^rd element, such act does not constitute a more serious offense in accordance with the provisions of [the Revised Penal Code].

Considering the penalty for the present offense is arresto mayor and a fine not exceeding P60,000, there are several more serious offenses under the Revised Penal Code that carry a heavier penalty such as serious physical injuries which has a penalty from arresto mayor up to prison mayor and all the way up to murder which has a penalty of reclusion temporal.