Can Violence Against Factories Lead to Criminal Liability?
Introduction
Violence or threats used during a labor dispute may expose the persons responsible to criminal liability, even when the conduct occurs in connection with a strike, lockout, union campaign, or workplace protest. Philippine law protects collective action, but that protection does not extend to physical force or threats that compel workers or employers to abandon the free and lawful exercise of their work or business.
The offense commonly associated with this conduct is found in Article 289 of the Revised Penal Code, as amended by Republic Act No. 10951. The provision addresses violence or threats used for the purpose of organizing, maintaining, or preventing combinations of capital or labor, strikes, or lockouts.
What Conduct Does the Law Punish?
Article 289 punishes a person who, for the purpose of organizing, maintaining, or preventing any coalition of capital or labor, strike of laborers, or lockout of employers, employs violence or threats in such a degree as to compel or force laborers or employees in the free and legal exercise of their industry or work.
The offense applies only when the required circumstances coexist. The prosecution must establish that:
- the accused employed violence or threats;
- the conduct was connected with organizing, maintaining, or preventing a coalition of capital or labor, a strike, or a lockout;
- the violence or threats were sufficiently serious to compel or force laborers or employees; and
- the compulsion affected the free and lawful exercise of their industry or work.
The law also contains an important limitation: Article 289 applies only if the conduct does not constitute a more serious offense under the Revised Penal Code. Thus, where the violence results in a graver crime, such as serious physical injuries, robbery, or another offense carrying a heavier penalty, prosecution may proceed under the more serious provision instead.
What Is the Penalty?
Under the amended provision, the penalty is arresto mayor and a fine not exceeding ₱60,000. This amendment was introduced by Republic Act No. 10951, which adjusted monetary thresholds and fines under the Revised Penal Code to reflect present-day economic conditions.
The penalty is imposed without prejudice to prosecution for a more serious crime when the facts satisfy the elements of another offense. Article 289 therefore does not operate as a shield against criminal liability for injuries, property damage, unlawful detention, or other criminal conduct committed during a labor dispute.
How Violence Differs from Lawful Picketing
Employees may engage in peaceful picketing and other lawful concerted activities. However, picketing ceases to be protected when participants commit violence, coercion, intimidation, or obstruction of lawful ingress and egress from the employer’s premises.
Section 13 of Department Order No. 40, Series of 2003, expressly recognizes the right to peaceful picketing while prohibiting acts of violence, coercion, intimidation, and obstruction of public thoroughfares or access to the employer’s premises. The same restrictions are reflected in the Labor Code’s provisions on prohibited activities during strikes and picketing.
Accordingly, the following conduct may fall outside protected labor activity:
- forming human barricades to prevent employees from entering or leaving the workplace;
- threatening non-striking employees who wish to report for work;
- assaulting security personnel, managers, drivers, or replacement workers;
- damaging vehicles, factory equipment, gates, or other property; and
- using threats to force employees to join a strike or prevent them from continuing to work.
Supreme Court Treatment of Violent Labor Disputes
The Supreme Court has consistently distinguished the right to strike from unlawful means used to carry out a strike. In Philippine Marine Officers’ Guild v. Compañia Maritima, et al., General Register No. 20662/L-20663, 1968, the Court recognized that a strike may be declared illegal not only because it lacks lawful justification but also because violence or coercion was employed in its prosecution. The case involved, among other incidents, injuries inflicted by picketers and the discharge of a firearm during a disturbance. [Philippine Marine Officers’ Guild v. Compañia Maritima, et al. (1968)](#J1.21)
In Benguet Consolidated, Inc. v. BCI Employees & Workers Union-PAFLU, et al., General Register No. 24711, 1968, picketers used threats, intimidation, physical force, and human blockades to prevent people and vehicles from passing through the company premises. Criminal charges for coercion followed, and several accused were convicted. [Benguet Consolidated, Inc. v. BCI Employees & Workers Union-PAFLU, et al. (1968)](#J3.2)
Similarly, in Philippine Diamond Hotel and Resort, Inc. v. Manila Diamond Hotel Employees Union, G.R. No. 158075, 2006, the Court treated the blockade of entrances and exits, threats to guests, and other disruptive conduct as violations of the limitations on picketing. The decision also emphasized that the right to strike is not absolute. [Philippine Diamond Hotel and Resort, Inc. v. Manila Diamond Hotel Employees Union (2006)](#J4.11)
Does Article 289 Apply to Factory Shutdowns?
Article 289 may apply when violence or threats are used to stop employees from working, force them to join a labor action, prevent management from operating, or maintain a blockade that paralyzes lawful business activity. The mere fact that factory operations are interrupted, however, is not enough by itself.
The prosecution must link the interruption to the prohibited means and purpose identified in the law. A peaceful strike that causes production to stop because workers collectively withhold their labor is legally different from a violent blockade that prevents willing employees, managers, suppliers, or customers from entering or leaving the premises.
For example, a peaceful work stoppage may not by itself establish Article 289. By contrast, workers who threaten to injure non-strikers unless they leave the assembly line, or who use force to prevent employees from entering the factory, may satisfy the statutory requirement of compulsion through violence or threats.
When Can Union Officers or Organizations Be Liable?
Criminal responsibility is personal. Union membership alone does not establish that every member participated in the offense. Liability must generally be supported by evidence identifying the person who committed, directed, authorized, or knowingly participated in the unlawful conduct.
Under the labor-dispute rules recognized in Republic Act No. 875, an organization or its officers are not automatically responsible for unlawful acts committed by individual participants. Responsibility may arise upon proof of actual participation, authorization, or ratification after actual knowledge of the acts.
This distinction is important in criminal cases. Evidence should identify the persons who issued threats, used force, organized blockades, damaged property, or knowingly directed others to commit the prohibited acts.
Relationship to Employment Consequences
Criminal prosecution and labor consequences are separate but may arise from the same incident. A union officer who knowingly participates in an illegal strike may lose employment status. A rank-and-file employee may likewise be dismissed when substantial evidence establishes knowing participation in illegal acts committed during the strike.
In Magdala Multipurpose & Livelihood Cooperative, et al. v. Kilusang Manggagawa ng LGS, et al., General Register No. 191138-39, 2011, the Supreme Court held that union officers who knowingly participate in an illegal strike, and employees who commit prohibited acts during the strike, may be terminated when their identities and participation are established by substantial evidence. [Magdala Multipurpose & Livelihood Cooperative, et al. v. Kilusang Manggagawa ng LGS, et al. (2011)](#J8.10)
Nevertheless, an employer must still comply with substantive and procedural due process before imposing dismissal. Criminal liability does not automatically establish the validity of termination, and termination does not automatically prove criminal guilt.
Evidence Commonly Relevant to a Criminal Complaint
A complaint involving violent disruption of factory operations should be supported by evidence addressing both the unlawful acts and their labor-related purpose. Relevant evidence may include:
- statements of employees, security guards, drivers, managers, and other witnesses;
- closed-circuit television footage, photographs, mobile-phone recordings, and social-media posts;
- medical certificates and police reports concerning injuries;
- damage assessments, repair records, and photographs of affected property;
- strike notices, union communications, text messages, and recorded speeches; and
- attendance records or other proof showing that employees were prevented from working or entering the premises.
Evidence should also establish the timing, location, identity of the participants, exact words used in threats, acts of physical force, and the effect on the employees’ ability to work. General allegations that a strike was “violent” may be insufficient without specific proof of the acts and the persons responsible.
Can Civil and Administrative Remedies Also Be Available?
Yes. The same conduct may support criminal charges, labor proceedings, disciplinary action, and civil claims for property damage or personal injuries, subject to jurisdictional rules and the specific relief sought.
Department Order No. 40, Series of 2003, provides that regular courts have jurisdiction over criminal actions involving the applicable penal provisions arising from or related to a labor dispute, subject to the required Department of Labor and Employment clearance under the cited administrative rules.
Where the legality of acts committed during a labor dispute is central to a damages claim, jurisdictional issues must be examined carefully. In Associated Labor Union, et al. v. Cruz, et al., General Register No. 28978, 1971, the Court held that a labor tribunal may have primary jurisdiction when the resolution of the civil action depends on determining the legality or illegality of conduct connected with the labor dispute. [Associated Labor Union, et al. v. Cruz, et al. (1971)](#J5.1)
Important Distinctions for Employers and Unions
| Conduct | Possible legal treatment |
|---|---|
| Peaceful strike or picket without threats, violence, or obstruction | Generally protected, subject to compliance with labor-law requirements |
| Threatening employees to force them to join a strike | May constitute unlawful coercion and may support criminal prosecution |
| Blocking factory entrances with force or intimidation | May violate labor-law restrictions and support criminal or disciplinary action |
| Assaulting persons or damaging property during a strike | May result in separate prosecution for the more serious offense, when applicable |
| Participation by a union member without proof of personal involvement | Membership alone is generally insufficient to establish personal criminal liability |
Recommended Steps After a Violent Workplace Incident
Employers should immediately secure medical, security, video, and documentary evidence while preserving the original files and identifying witnesses. They should also report injuries and property damage promptly and avoid retaliatory acts that could independently violate labor laws.
Unions should instruct members to maintain peaceful picket lines, keep entrances and exits open for lawful purposes, avoid threats and physical contact, and document any obstruction or violence committed by persons opposing the picket. Union leaders should not authorize, encourage, or ratify conduct that may be treated as criminal.
Both sides should separately assess whether the facts support labor proceedings, criminal complaints, civil claims, or internal disciplinary action. The proper legal remedy depends on the identity of the actors, the acts proven, the existence of injuries or damage, and whether a more serious crime was committed.
Conclusion
Article 289 of the Revised Penal Code does not criminalize every strike, picket, or interruption of production. It addresses the use of violence or threats, connected with a labor coalition, strike, or lockout, to compel workers or employees and interfere with their free and lawful exercise of work.
The penalty is arresto mayor and a fine not exceeding ₱60,000 under Republic Act No. 10951, unless the conduct constitutes a more serious offense. Peaceful concerted activity remains distinct from violent disruption: the decisive issues are the presence of violence or threats, the prohibited labor-related purpose, the degree of compulsion, and the effect on the lawful exercise of work.
For effective legal action, the parties should preserve contemporaneous evidence, identify individual participants, distinguish protected labor activity from unlawful conduct, and evaluate criminal, labor, civil, and disciplinary remedies separately.
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