Article 289. Formation, Maintenance, And Prohibition Of Combination Of Capital Or Labor Through Violence Or Threats
On Criminal Law
Article 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.
ELEMENTS:
1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work; and
2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strikes of laborers, or lockouts of employees.
3. If the act shall not constitute a more serious offense.
The act should not be a more serious offense. If death or some serious physical injuries are caused in an effort to curtail the exercise of the rights of the laborers and employers, the act should be punished in accordance with the other provisions of the Code.
Peaceful picketing is not prohibited.
Threats made or violence employed by picketers may make them liable for coercion.
ELEMENTS:
1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work; and
2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strikes of laborers, or lockouts of employees.
3. If the act shall not constitute a more serious offense.
The act should not be a more serious offense. If death or some serious physical injuries are caused in an effort to curtail the exercise of the rights of the laborers and employers, the act should be punished in accordance with the other provisions of the Code.
Peaceful picketing is not prohibited.
Threats made or violence employed by picketers may make them liable for coercion.
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