Practice question
A party seeks criminal prosecution for ULP before obtaining a final administrative judgment finding that ULP was committed. What does Article 258 require?
- Criminal prosecution may always precede any administrative determination.
- A newspaper accusation substitutes for judgment.
- The prosecutor must treat a pending complaint as conviction.
- The employer’s permission is the only prerequisite.
- The required final judgment finding ULP must first be obtained.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 258–260, 274–275.
- Adamson University Faculty and Employees Union v Adamson University, G.R. No. 227070, March 9, 2020, ULP proof and organizing nexus: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/66229
- Philippine Airlines v Dawal, G.R. Nos. 173921 and 173952, February 24, 2016, gross economic CBA violations: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html
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