Theremustbeproofthathecommittedillegal

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Unformatted text preview: rawn
out
 strike
 • Officials’
inability
to
leave
premises,
not
illegal
detention
 o People
v.
Barba
 Some
 management
 officials
 were
 unable
 to
 leave
 the
 premises
 of
 the
 company
 during
 a
 strike.
 May
 the
strikers
be
held
guilty
of
illegal
detention?
 No
 kidnapping!
 No
 criminal
 intent!
 Instances
 may
 occur
 where
 a
 criminal
 action
 may
 lie.
 Besides
 over
 100
 people
 took
 part
 in
 the
 strike,
 to
 say
 that
 they
 did
 participate
 in
 the
 crime
 that
 is
 penalized
 by
 reclusion
 temporal,
 would
 pose
 a
 threat
 to
 labor.
 (Also.
It’s
absurd.)
 • Blockade
or
obstruction
 o Obstruction
 of
 points
 of
 ingress
 or
 egress
 and
 public
 thoroughfares
forbidden
 o They
deprive
owner
of
company
premises
of
its
right
to
use
 them
 for
 lawful
 purposes
 and
 the
 passers‐by
 the
 use
 of
 public
passage
 o Illegal
 obstructions
 on
 public
 thoroughfares
 are
 nuisances
 which
local
government
authorities
can
summarily
remove
 o Company
 
 may
 be
 ordered
 removed
 by
 the
 DOLE
 Secretary,
NLRC,
or
its
branches
 14. Fifth
factor
in
legality
of
strike:
injunction
 • “National
 interest”
 cases;
 automatic
 injunction
 and
 return­to­ work
order
 o DOLE
Secretary
may
either
assume
jurisdiction
or
certify
the
 dispute
to
the
NLRC
for
compulsory
arbitration
 o Secretary
 may
 act
 at
 his
 own
 initiative
 or
 upon
 petition
 by
 any
of
the
parties
 18
 Assumption
 or
 certification
 has
 the
 effect
 of
 automatically
 enjoining
 the
 intended
 or
 impending
 strike
 or
 lockout
 (automatic
injunction).
If
one
has
already
taken
place
at
the
 time
 of
 assumption/certification,
 all
 striking
 or
 locked
 out
 employees
 shall
 return
 to
 work
 and
 employer
 shall
 resume
 operations
and
readmit
all
workers
 o Issuance
 of
 injunction
 in
 “national
 interest”
 cases
 is
 an
 exception
to
Article
254
 What
are
considered
“national
interest”
cases
 o President
 and
 DOLE
 Sec.
 has
 almost
 unlimited
 discretion
 to
 determine
 what
 industries
 may
 be
 considered
 as
 indispensable
to
national
interest
 o Police
power
measure
 National
interest
by
statutory
declaration
 o General
 Banking
 Law
 classifies
 banking
 as
 an
 industry
 indispensable
to
the
national
interest
 Assumption
of
jurisdiction:
prior
notice
not
required
 o Rationale:
 rest
 on
 his
 own
 consideration
 of
...
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This document was uploaded on 03/11/2014.

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