I Republika ng PilipinasKAGA\VARAN NG KATARUNGAN

Department of JusticeManila

22 April 2014

LML-MC-22DI..J-

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MEMOIUNDUJ\1 CIRCULAR No._O_1_I_ti

SUBJECT: REITERATION FOR COMPLIANCE WITH"GUIDELINES ON THE CONDUCT OF THEDOLE, DILG, DND, DOJ, AFP AND PNPRELATIVE TO THE EXERCISE OFWORIffiRS' 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 ofWorkers'Rights and Activities", dated 7 May 2012 (hereinafterthe Guidelines) was issued to promote the effective exercise ofworkers' and trade unionists' rights and to address violence andthreats against them, including the reports and/or allegations ofmilitarization of workplaces and impunity;

Whereas, the Guidelines prescribed the official conduct of theabove-mentioned agencies when these workers and trade unionistsexercise their civil rights, which include, inter alia, the freedom ofassociation and the right to political dissent within the bounds of law;

Whereas, Title XIP of the Guidelines requires all prosecutors to firstsecure clearance from the DOLE and/or Office of the President before

I The Title reads in full:"XII. DOLE CLEARANCE PRIOR TO TAKING COGNiZANCE OF COMPLAINTS FORPRELIMINARY INVESTIGATION

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

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taking cognizance of complaints for preliminary investigation and thefiling in court: of the corresponding information of cases arising out ofor related to a labor dispute.

WheJ'·eas, the attention of the Department of Justice has beeninvited by stakeholders of the need to remind prosecutors of theseGuidelines.

Therefore, in reiteration of the Guidelines, strict observance byprosecutors of the prescribed conduct therein, especially Title XIIthereof, is hereby enjoined. All prosecutors must first secureclearance from the DOLE and/ or Office of the President before takingcognizance of complaints for preliminary investigation and the filingin court of the corresponding information of cases arising out of orrelated to a labor dispute.

For strict compliance.

/tv~_J.M~LEI IVI. DE LiMA

SecretaryDepartment at Justic«''':'J. >~:-LC-':l':1nl::t I'!=P: lliiilpi

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relate-' (() a labor dispute," including cases with "allegations of violence, coercion, physical injuries, assaultupon 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."

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