What must happen before a criminal prosecution for an unfair labor practice can begin?
A criminal case cannot be filed independently or simultaneously with the initial administrative complaint. No criminal prosecution may be instituted without first obtaining a final judgment in the administrative proceeding. This judgment must explicitly find that an unfair labor practice was actually committed by the respondent. This strict prerequisite is mandated by Article 258 Labor Code of the Philippines to prevent premature and harassing criminal charges. “No criminal prosecution under this Title may be instituted without a final judgment finding that an unfair labor practice was committed, having been first obtained in the preceding paragraph.” 01-Jun-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
