Dear PAO,
I am the owner of a grocery and merchandising store in Makati City. Last month, I discovered that my cashier pocketed around Eight Hundred Thousand Pesos (P800,000.00) from September 2025 to April 2026. When I was about to file a criminal case against her, I discovered that she filed an illegal dismissal case before the National Labor Relations Commission against me. A colleague mentioned that, before I can proceed with a criminal case against my former cashier, I must first obtain a clearance from the Department of Labor and Employment. May I seek your advice regarding this?
Akira
Dear Akira,
Under Ministry Circular 15 dated June 7, 1982, promulgated by the then Ministry of Justice (now the Department of Justice [DOJ]), all government prosecutors are mandated to secure prior clearance from the Department of Labor and Employment (DOLE), or the Office of the President before assuming jurisdiction over or taking cognizance of complaints that arise out of, or are related to, labor disputes.
The foregoing circular, in conjunction with Ministry Circular 9 dated May 22, 1985, recognizes the primary jurisdiction of labor tribunals in the resolution of labor-related disputes. It ensures that controversies arising from labor relations are first addressed by the appropriate administrative agencies, thereby avoiding the premature criminal prosecution of matters that are essentially labor in nature. In particular, it affords the DOLE and the National Labor Relations Commission (NLRC) the initial opportunity to resolve issues involving unfair labor practices, violations of labor laws and standards, strikes, lockouts and intra-union conflicts.
Hence, to ensure that regular courts and prosecutors respect DOLE’s primary jurisdiction over workers’ rights and union disputes, the DOJ issued Memorandum Circular 16 dated April 22, 2014, reiterating compliance to the Guidelines on the Conduct of the DOLE, DILG, DND, DOJ, AFP and PNP relative to the Exercise of Workers’ Rights and Activities, dated May 7, 2012, which prescribes prior clearance from DOLE before taking cognizance of complaints related to labor disputes, to wit:
“Therefore, in reiteration of the Guidelines, strict observance by prosecutors of the prescribed conduct therein, especially Title XII thereof, is hereby enjoined. All prosecutors must first secure clearance from the DOLE and/or Office of the President before taking cognizance of complaints for preliminary investigation and the filing in court of the corresponding information of cases arising out of or related to a labor dispute.”
However, to temper inordinate dismissal of criminal complaints related to labor disputes and clarify the rules in requiring the clearance from DOLE and/or Office of the President, the DOJ issued Circular 009, dated Feb. 14, 2023, to particularize the cases that require a clearance, to wit:
“Cases/complaints that require DOLE Clearance“1. It shall be the duty of the investigating prosecutor to first secure a clearance from the DOLE and/or the Office of the President before taking cognizance of complaints for preliminary investigation and the filing in court of the corresponding criminal information of cases arising out of or related to a labor dispute involving the exercise of workers’ and trade unionists’ freedom of association, collective bargaining, concerted actions and other trade union activities.
“2. The abovementioned cases arising out of or related to a labor dispute involving the exercise of workers’ and trade unionists’ freedom of association, collective bargaining, concerted actions and other trade union activities may include cases with allegations of violence, coercion, physical injuries, assault upon a person in authority and other similar acts of intimidation obstructing the free ingress to and egress from a factory or place of operation of the machines of such factory or the employer’s premises.”
Hence, from the foregoing, only complaints or cases arising from labor disputes relating to worker’s freedom of association, collective bargaining and trade union activities require DOLE clearance.
Accordingly, your colleague is incorrect in his/her advice that a DOLE clearance is required before instituting your criminal case, considering that your complaint relates to theft, which is unrelated to the labor disputes enumerated above.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
